JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 25, 2019

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

    The prayer was offered by the Chaplain, Pastor Valerie Hummel LaBounty, followed by the Pledge of Allegiance led by Senate page Tori Rasmussen.

    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-eighth 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.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1216 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 1200 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 HB 1172 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 and returns the same with the recommendation that said resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration
HB 1217 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MOTIONS AND RESOLUTIONS

    SCR 11: 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 identifiable veteran from World War II.

    Was read the second time.



    Sen. Monroe moved that SCR 11 as found on page 428 of the Senate Journal be adopted

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    Sen. Bolin moved that SCR 11 be amended as follows:

    On page 2, line 1, of the Senate Military and Veterans Affairs Committee engrossed resolution, after "II" insert "who was enlisted before September 2, 1945".

    Which motion prevailed.

    The question being shall SCR 11 be adopted as amended.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 11 was adopted as amended.

    Sen. Langer moved that SCR 7 be placed to precede HB 1242 on today's calendar.

    Which motion prevailed.

    SCR 13 Introduced by: Senators Foster, Cronin, Ewing, Heinert, Kennedy, Langer, Nelson, Nesiba, Novstrup, Stalzer, Sutton, Wismer, and Youngberg and Representatives Borglum, Bordeaux, Gosch, Healy, Lesmeister, McCleerey, Pourier, Ring, Schoenfish, Smith (Jamie), and Wiese

    A CONCURRENT RESOLUTION, Recognizing the "Know Before You Fly" campaign as an official source of safety education for operators of unmanned aircraft systems and instructing the Department of Public Safety to educate the public about the campaign.

    WHEREAS, the safe integration of unmanned aircraft systems into the National Airspace System promises to drive new economic development and consumer choice, promote more responsible stewardship of natural resources, facilitate more effective emergency response and disaster recovery, economize agricultural operations, and improve the efficiency and security of energy, transportation, and communications networks; and

    WHEREAS, direct operation of unmanned aircraft systems, for both commercial and non-commercial use, is growing rapidly, with more than one million aircraft already registered; and

    WHEREAS, according to a study conducted by the Association for Unmanned Vehicle Systems International, the development and adoption of services provided by unmanned aircraft systems is expected to generate eighty billion dollars of new economic activity and create more than one hundred thousand new jobs in the United States by 2025; and

    WHEREAS, the safe operation of unmanned aircraft systems, both for non-commercial and commercial purposes, is necessary for continued innovation, economic activity, and public benefit; and

    WHEREAS, prospective operators of unmanned aircraft systems must understand and abide by relevant requirements and limitations to ensure the safe operation of such systems; and

    WHEREAS, the regulatory framework for unmanned aircraft systems continues to develop, including the Federal Aviation Administration taking steps to integrate unmanned aircraft systems into the National Air Space and issuance of operational requirements for small unmanned aircraft systems operations in the National Air Space; and

    WHEREAS, easily accessible and freely available information regarding current guidance for safe and responsible unmanned aircraft systems operations provides certainty to unmanned aircraft system owners and operators, maximizes the public benefits of unmanned aircraft systems, and mitigates risks to public safety and security; and

    WHEREAS, "Know Before You Fly" is an education campaign founded by the Association for Unmanned Vehicle Systems International and the Academy of Model Aeronautics in partnership with the Federal Aviation Administration to educate prospective users about the safe and responsible operation of unmanned aircraft systems; and

    WHEREAS, "Know Before You Fly" is supported by the Aerospace States Association, of which the State of South Dakota is a member; and

    WHEREAS, through the "Know Before You Fly" educational campaign, the Federal Aviation Administration has developed relationships with more than one hundred fifty partners, including unmanned aircraft manufacturers, law enforcement agencies, retailers, labor organizations, and institutions of higher education:

    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 Legislature recognizes and supports the "Know Before You Fly" campaign as an official source of safety education for prospective and active operators of unmanned aircraft systems in South Dakota; and

    BE IT FURTHER RESOLVED, that the Department of Public Safety is instructed to educate the public about the "Know Before You Fly" campaign and website.

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

    Sen. Langer moved that SB 87, 88, 89, 152, 131, 132, and 133 be placed to precede SB 116 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Local Government on HB 1215 as found on page 468 of the Senate Journal; also

    Local Government on SB 66 as found on page 467 of the Senate Journal; also

    Joint Committee on Appropriations on SB 2 as found on page 467 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1071: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding aviation.

    HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pharmacy benefit managers.

    Were read the second time.

    The question being “Shall HB 1071 and 1137 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg


    So the bills having received an affirmative vote of a majority of the members-elect, the President declared the bills passed and the titles were agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 87: FOR AN ACT ENTITLED, An Act to enhance South Dakota.

    SB 88: FOR AN ACT ENTITLED, An Act to enhance education in South Dakota.


    SB 89: FOR AN ACT ENTITLED, An Act to enhance health care in South Dakota.


    SB 152: FOR AN ACT ENTITLED, An Act to improve civics education in South Dakota public schools.


    SB 131: FOR AN ACT ENTITLED, An Act to accommodate legislation on Medicaid provider reimbursements.


    SB 132: FOR AN ACT ENTITLED, An Act to accommodate legislation on education.


    SB 133: FOR AN ACT ENTITLED, An Act to accommodate legislation to lower the state sales and use tax.

    Were read the second time.

    Sen. Langer moved that SB 87, 88, 89, 152, 131, 132, and 133 be laid on the table.

    The question being on Sen. Langer's motion that SB 87, 88, 89, 152, 131, 132, and 133 be laid on the table.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg


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

    SB 116: FOR AN ACT ENTITLED, An Act to provide for an annual transfer of certain unobligated state general funds for the purpose of funding needs-based grants.

    Was read the second time.

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    Sen. Partridge moved that SB 116 be amended as follows:

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

"    Section1. There is hereby appropriated from the general fund the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the state treasurer for the purpose of providing matching funds in support of Dakota promise grants.

    Section 2. That chapter 13-55 be amended by adding a NEW SECTION to read:

    There is established in the state treasury the Dakota promise fund. The fund consists of:

            (1)    Gifts, grants, and donations, deposited by or on behalf of an institution of higher education in this state, for the purpose of providing Dakota promise grants to eligible students in accordance with this Act;
            (2)    Any interest or income earned on the deposits; and
            (3)    One dollar in matching funds, or such lesser prorated amount, provided by the state treasurer for each dollar deposited into the fund by or on behalf of an institution.

    Section 3. That chapter 13-55 be amended by adding a NEW SECTION to read:

    Each institution of higher education shall have access to only that percentage of the fund which equals the percentage of the total dollars contributed by or on behalf of the institution. If the appropriation provided for in section 1 of this Act is insufficient to provide one dollar in matching funds for each dollar so contributed, the state treasurer shall prorate the matching funds among the institutions based on the percentage of the total dollars contributed by or on behalf of each institution.

    Section 4. That chapter 13-55 be amended by adding a NEW SECTION to read:

    Upon contributing to the Dakota promise fund, an institution of higher education may request that the Board of Regents provide a Dakota promise grant, on behalf of an eligible student. The grant shall be in the amount requested by the institution but may not be less than five hundred dollars nor more than two thousand dollars annually. An eligible student is one who:

            (1)    Was a South Dakota resident at the time of graduating from high school;
            (2)    Has been awarded a federal Pell Grant in the maximum amount allowed by the United States Department of Education;
            (3)    Attends an institution of higher education that is:
            (a)    Under the control of the Board of Regents; or
            (b)    A private baccalaureate degree granting institution accredited by the Higher Learning Commission and located in this state; and
            (4)    Initially enrolls in and thereafter successfully completes at least fifteen credit hours per semester.

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

    Upon receiving verification from the Board of Regents regarding the eligibility of the student, the state treasurer shall forward the grant to the institution of higher education on behalf of the student. The institution may apply the grant toward the student's:

            (1)    Tuition and fees;
            (2)    Required books, supplies, or equipment; or
            (3)    Room and board expenses.

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

    A student may receive a Dakota promise grant for up to four academic years, or until such time as the student obtains a baccalaureate degree, whichever comes first."


    
    Which motion prevailed.

    The question being “Shall SB 116 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

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

    The question being on the title.


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    Sen. Partridge moved that the title to SB 116 be amended as follows:

    On page 1, line 1, of the Senate Appropriations Committee engrossed bill, delete everything after "Act to" and insert "create the Dakota promise fund, provide Dakota promise grants, and to make an appropriation.".

    On page 1, delete line 2.

    Which motion prevailed and the title was so amended.

    SB 167: FOR AN ACT ENTITLED, An Act to establish a task force to study the crime of ingestion of controlled substances.

    Was read the second time.

    The question being “Shall SB 167 pass as amended?”

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Jensen (Phil); Monroe; Nelson; Russell; Stalzer

    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 15: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

    Was read the second time.

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    Sen. Schoenbeck moved that SB 15 be amended as follows:

    On page 4 of the Senate Commerce and Energy Committee engrossed bill, delete lines 13 to 20, inclusive.

    On page 8, after line 11, insert:

"
    Section 13. That chapter 49-41B be amended by adding a NEW SECTION to read:

    A party to a proceeding under this chapter as provided in § 49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26.".

    Which motion prevailed.

    The question being “Shall SB 15 pass as amended?”

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Cammack; Cronin; Curd; DiSanto; Jensen (Phil); Klumb; Langer; Maher; Monroe; Novstrup; Partridge; Rusch; Russell; Schoenbeck; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

    Nays:
Blare; Bolin; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Kolbeck; Nelson; Nesiba; Otten (Ernie); Smith (VJ); Soholt; Wismer

    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 9: FOR AN ACT ENTITLED, An Act to provide for the Firearms Protection Act.

    Was read the second time.

    The question being “Shall SB 9 pass as amended?”

    And the roll being called:

    Yeas 4, Nays 31, Excused 0, Absent 0

    Yeas:
DiSanto; Jensen (Phil); Nelson; Russell

    Nays:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg



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

    SB 182: FOR AN ACT ENTITLED, An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

    Was read the second time.

    The question being “Shall SB 182 pass?”

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Jensen (Phil); Nelson; Partridge; Russell

    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.

    SJR 5: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to the authorization of certain games of chance in the City of Yankton.

    Was read the second time.

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    Sen. Cronin moved that SJR 5 be amended as follows:

    On page 2, line 7, of the printed resolution, after "Yankton" insert ", and to the South Dakota Horse Racing Association for the maintenance of the horse racing industry in this state".

    Which motion lost.

    The question being “Shall SJR 5 be adopted?”

    And the roll being called:


    Yeas 13, Nays 22, Excused 0, Absent 0

    Yeas:
Cronin; Curd; Kennedy; Langer; Maher; Nesiba; Rusch; Schoenbeck; Smith (VJ); Soholt; White; Wismer; Youngberg

    Nays:
Blare; Bolin; Cammack; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Russell; Solano; Stalzer; Steinhauer; Sutton; Wiik

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

    SB 66: FOR AN ACT ENTITLED, An Act to establish an interim legislative committee to study issues related to electric services in an annexed area.

    Was read the second time.

    The question being “Shall SB 66 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, 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); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Schoenbeck; Steinhauer

    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 2: FOR AN ACT ENTITLED, An Act to adjust for inflation the amount of the special education appropriation that may be set aside for extraordinary expenses.

    Was read the second time.

    The question being “Shall SB 2 pass as amended?”


    And the roll being called:

    Yeas 12, Nays 22, Excused 1, Absent 0

    Yeas:
Bolin; Ewing; Foster; Heinert; Kennedy; Maher; Nesiba; Rusch; Schoenbeck; Smith (VJ); White; Wismer

    Nays:
Blare; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Klumb; Kolbeck; Langer; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Russell; Soholt; Solano; Stalzer; Steinhauer; Sutton; Wiik; Youngberg

    Excused:
Jensen (Phil)

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

    SB 179: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

    Was read the second time.

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    Sen. Wiik moved that SB 179 be amended as follows:

    On page 1, line 7, of the Senate Appropriations Committee engrossed bill, delete "seven four" and insert "seven".

    Which motion prevailed.

    The question being “Shall SB 179 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg


    Nays:
Cronin

    Excused:
Jensen (Phil)

    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 181: FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 181 pass as amended?”

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

    Nays:
Cronin; Nelson; Russell

    Excused:
Jensen (Phil); Wiik

    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 151: FOR AN ACT ENTITLED, An Act to revise the course requirements for the opportunity scholarship.

    Was read the second time.

    Sen. Bolin moved that SB 151 be laid on the table.

    The question being on Sen. Bolin's motion that SB 151 be laid on the table.

    And the roll being called:


    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

    Excused:
Jensen (Phil); Wiik

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

    SB 74: FOR AN ACT ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.

    Was read the second time.

    The question being “Shall SB 74 pass?”

    And the roll being called:

    Yeas 19, Nays 15, Excused 1, Absent 0

    Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Greenfield (Brock); Klumb; Nelson; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White

    Nays:
Cronin; Foster; Heinert; Kennedy; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Partridge; Solano; Wiik; Wismer; Youngberg

    Excused:
Jensen (Phil)

    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 79: FOR AN ACT ENTITLED, An Act to increase the penalty for theft of a firearm.

    Was read the second time.

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    Sen. Stalzer moved that SB 79 be amended as follows:

    On page 2, line 2, of the printed bill, delete "firearm" and insert "centerfire handgun".

    On page 2, line 3, delete "firearm's" and insert "centerfire handgun's".

    Which motion lost.

    The question being “Shall SB 79 pass?”

    And the roll being called:

    Yeas 12, Nays 21, Excused 2, Absent 0

    Yeas:
Blare; Curd; DiSanto; Ewing; Jensen (Phil); Kolbeck; Maher; Nelson; Otten (Ernie); Russell; Stalzer; Sutton

    Nays:
Bolin; Cammack; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Langer; Monroe; Nesiba; Novstrup; Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer; Youngberg

    Excused:
Cronin; Wiik

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

    Sen. Langer moved that SCR 7 and HB 1242, 1076, 1157, 1255, 1258, and 1262 be deferred to Tuesday, February 26th, the 30th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    SC 30 Introduced by: Senators Bolin, Blare, Cronin, Ewing, Greenfield (Brock), Langer, Maher, Novstrup, Schoenbeck, Sutton, Wiik, and Youngberg and Representatives Anderson, Chaffee, Chase, Frye-Mueller, Jensen (Kevin), Johnson (Chris), Livermont, Marty, Milstead, Otten (Herman), Peterson (Sue), Pischke, Post, Schoenfish, St John, Weis, Wiese, and York

        A LEGISLATIVE COMMEMORATION, Commending, honoring, and thanking President George H. W. Bush for his many years of great service to our country.

    WHEREAS, George H. W. Bush, the son of Prescott and Dorothy Bush, was born in 1924; and

    WHEREAS, Bush enlisted in the Navy on his 18th birthday, and became one of the youngest pilots in our military during World War II; and

    WHEREAS, between 1942 and 1945, Bush went on fifty-eight combat missions, including one where his plane was shot down by the Japanese, thereafter being awarded the Distinguished Flying Cross for heroism under fire; and

    WHEREAS, in September 1945, Bush was discharged from the Navy and enrolled at Yale University where he completed an undergraduate degree in economics by 1948; and

    WHEREAS, in 1966, Bush began his career in public service when he won a seat in the U.S. House of Representatives in the Seventh district of Texas, being reelected in 1968; and

    WHEREAS, in December 1970, Bush was nominated as the U.S. Ambassador to the United Nations by President Richard Nixon; and

    WHEREAS, when Nixon resigned, and Gerald Ford took office, Bush was appointed as the U.S. Envoy to the People's Republic of China and served as Chief of the U.S. Liaison's Office; and

    WHEREAS, upon return from China in 1975, Bush was asked to serve as the Director of the Central Intelligence Agency and served until 1976; and

    WHEREAS, in 1980, Bush joined Ronald Reagan as his running mate in the presidential campaign of 1980 and served as Vice President of the United States from 1981 to 1989; and

    WHEREAS, Bush became the 41st President of the United States and served from 1989 to 1993; and

    WHEREAS, Bush died on November 30, 2018, aged 94 years, 171 days, making him the longest-lived president in U.S. history:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends, honors, and thanks former President of the United States George H. W. Bush for his many years of faithful service to our great country.

    SC 31 Introduced by: Senators Otten (Ernie), Heinert, Kennedy, Stalzer, and Steinhauer and Representatives Otten (Herman), Deutsch, Johns, Latterell, and Qualm

        A LEGISLATIVE COMMEMORATION, Honoring and commending Jaelyn Morehead on being recognized as Tea Area's first National Merit Finalist.

    WHEREAS, National Merit Finalists include less than one percent of United States high school seniors; and

    WHEREAS, the selection as a National Merit Finalist is based on a qualifying PSAT score, an outstanding academic record, a recommendation from their school, an essay, and a confirming SAT score; and

    WHEREAS, the National Merit Scholarship Program is an academic competition for recognition and college scholarships that began in 1955 and has one million six hundred thousand entrants annually; and

    WHEREAS, Jaelyn Morehead has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment to her academic career and community:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors Jaelyn Morehead on being recognized as Tea Area's first National Merit Finalist.

    Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at
4:21 p.m. the Senate adjourned.

Kay Johnson, Secretary