Senate Journal 3/9/2017 09:00 AM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 9, 2017

The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Mary Dybedahl.

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 thirty-fifth day.

Pursuant to Sen. Peters' motion to amend the Senate Journal of the eighteenth legislative day, as found on page 683 of the Senate Journal;

In the Senate Journal of the eighteenth legislative day, the following change has been made:

On page 332, after line 28 insert:

In response to dissent and protest see the Attorney General's Official Opinion No. 17-02, as found on page 683 of the Senate Journal.

All additional 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.

Sen. Curd moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 9:10 a.m., the Senate recessed.

The Senate reconvened at 11:00 a.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 8, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 8, 2017, I approved Senate Bills 6, 7, 11, 14, 15, 17, 18, 19, 36, 49, 59, 63, and 68, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 8, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 8, 2017, I approved Senate Bills 1, 66, 69, 70, 71, 75, 77, 118, and 123, 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 Joint Committee on Appropriations respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That section 2 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF EXECUTIVE MANAGEMENT

    (15) Employee Compensation and Billing Pools
        Personal Services, General Funds, delete "$11,532,200" and insert "$11,303,442"
        Personal Services, Federal Funds, delete "$5,533,644" and insert "$5,499,720"
        Personal Services, Other Funds, delete "$12,471,646" and insert "$12,257,540"
        Operating Expenses, General Funds, delete "$784,902" and insert "$779,266"

    (21) Statewide Maintenance and Repair
        Operating Expenses, General Funds, delete "$17,771,043" and insert "$14,421,043"
        Operating Expenses, Other Funds, delete "$3,089,246" and insert "$6,439,246"

Section 2. That section 5 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF TOURISM

(1) Tourism
Operating Expenses, Other Funds, delete "$13,152,699" and insert "$13,382,107"

(2) Arts
Operating Expenses, Other Funds, delete "$576,618" and insert "$635,110"

Section 3. That section 8 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF SOCIAL SERVICES

    (2) Economic Assistance
        Operating Expenses, General Funds, delete "$18,095,732" and insert "$17,338,786"
        Operating Expenses, Federal Funds, delete "$48,726,588" and insert "$48,630,724"

    (3) Medical and Adult Services
        Operating Expenses, General Funds, delete "$313,039,236" and insert "$307,895,367"
        Operating Expenses, Federal Funds, delete "$485,793,720" and insert "$481,481,184"

    (4) Children's Services
        Operating Expenses, General Funds, delete "$33,548,337" and insert "$32,053,631"
        Operating Expenses, Federal Funds, delete "$37,685,165" and insert "$37,361,481"

    (5) Behavioral Health
        Personal Services, General Funds, delete "$30,739,411" and insert "$30,018,089"
        Personal Services, Federal Funds, delete "$10,092,089" and insert "$9,755,564"
        Operating Expenses, General Funds, delete "$48,687,720" and insert "$45,719,141"
        Operating Expenses, Federal Funds, delete "$27,536,915" and insert "$27,526,737"
        F.T.E., delete "653.0" and insert "636.0"

Section 4. That section 9 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF HEALTH

(3) Family and Community Health
Operating Expenses, General Funds, delete "$1,883,073" and insert "$2,023,073"

(5) Correctional Health
Operating Expenses, Other Funds, delete "$14,017,721" and insert "$15,773,428"

Section 5. That section 11 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF TRANSPORTATION

(1) General Operations
Operating Expenses, Other Funds, delete "$95,184,531" and insert "$95,081,646"

Section 6. That section 12 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF EDUCATION

(3) State Aid to General Education
Operating Expenses, General Funds, delete "$448,404,255" and insert "$427,830,481"

(5) Sparsity Payments
Operating Expenses, General Funds, delete "$2,009,669" and insert "$2,000,345"

(7) Technology and Innovation in Schools
Operating Expenses, Other Funds, delete "$1,822,505" and insert "$1,902,505"

(8) Postsecondary Vocational Education
Operating Expenses, General Funds, delete "$23,076,976" and insert "$22,330,289"

(11) Education Resources
Operating Expenses, General Funds, delete "$7,311,365" and insert "$7,269,424"

Section 7. That section 13 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF PUBLIC SAFETY

    (2) Highway Patrol
        Personal Services, Federal Funds, delete "$1,576,977" and insert "$2,139,609"
         Operating Expenses, Federal Funds, delete "$5,314,919" and insert "$5,704,915"

Section 8. That section 14 of chapter 34 of the 2016 Session Laws be amended to read:

BOARD OF REGENTS

    (1) Regents Central Office
        Personal Services, General Funds, delete "$4,711,944" and insert "$4,690,805"
        Operating Expenses, Other Funds, delete "$43,423,273" and insert "$45,912,710"

(3) South Dakota Scholarships
Operating Expenses, Other Funds, delete "$0" and insert "$137,170"

    (4) University of South Dakota Proper
        Personal Services, General Funds, delete "$32,676,112" and insert "$32,136,397"
        Operating Expenses, General Funds, delete "$4,042,669" and insert "$3,800,513"

    (6) South Dakota State University Proper
        Personal Services, General Funds, delete "$40,625,508" and insert "$39,931,888"
        Operating Expenses, General Funds, delete "$6,499,577" and insert "$5,141,158"

(9) South Dakota School of Mines and Technology
Operating Expenses, General Funds, delete "$992,905" and insert "$686,327"

    (10) Northern State University
        Personal Services, General Funds, delete "$12,990,842" and insert "$12,875,776"
        Operating Expenses, General Funds, delete "$1,399,370" and insert "$1,320,965"
        F.T.E., delete "351.0" and insert "363.0"

(11) Black Hills State University
Operating Expenses, General Funds, delete "$743,253" and insert "$594,751"

(12) Dakota State University
Operating Expenses, General Funds, delete "$685,066" and insert "$514,912"

    (13) South Dakota School for the Deaf
        Operating Expenses, General Funds, delete "$1,149,224" and insert "$1,123,684"
        F.T.E., delete "22.5" and insert "24.5"

(14) South Dakota School for the Blind and Visually Impaired
Operating Expenses, General Funds, delete "$259,682" and insert "$241,735"

Section 9. That section 15 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF THE MILITARY

    (2) Army Guard
        Operating Expenses, General Funds, delete "$2,584,455" and insert "$2,632,903"
        Operating Expenses, Federal Funds, delete "$12,671,620" and insert "$12,634,821"

    (3) Air Guard
        Operating Expenses, General Funds, delete "$238,382" and insert "$207,360"
        Operating Expenses, Federal Funds, delete "$2,689,403" and insert "$2,596,338"

Section 10. That section 16 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF VETERANS' AFFAIRS

    (2) State Veterans' Home
        Personal Services, General Funds, delete "$1,564,434" and insert "$2,394,900"
        Personal Services, Federal Funds, delete "$1,844,662" and insert "$2,834,340"
        Personal Services, Other Funds, delete "$2,671,156" and insert "$851,012"
        Operating Expenses, Other Funds, delete "$3,390,860" and insert "$3,494,306"

Section 11. That section 17 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF CORRECTIONS

(1) Administration, Central Office
Operating Expenses, General Funds, delete "$1,117,635" and insert "$1,266,319"

    (2) Mike Durfee State Prison
        Personal Services, Federal Funds, delete "$45,152" and insert "$96,172"
        Operating Expenses, General Funds, delete "$6,056,227" and insert "$5,920,408"

    (3) State Penitentiary
        Personal Services, Federal Funds, delete "$53,864" and insert "$111,486"
        Operating Expenses, General Funds, delete "$6,459,781" and insert "$6,684,946"

(4) Women's Prison
Operating Expenses, General Funds, delete "$1,591,939" and insert "$1,739,881"

    (6) Inmate Services
        Operating Expenses, General Funds, delete "$23,681,835" and insert "$25,437,542"
        Operating Expenses, Federal Funds, delete "$295,534" and insert "$645,534"

(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$10,984,478" and insert "$10,864,478"

    (9) Youth Challenge Center
        Personal Services, General Funds, delete "$392,351" and insert "$0"
        Operating Expenses, General Funds, delete "$90,049" and insert "$0"

F.T.E., delete "5.0" and insert "0.0"

    (10) Patrick Henry Brady Academy
        Personal Services, General Funds, delete "$394,648" and insert "$0"
        Operating Expenses, General Funds, delete "$71,661" and insert "$0"
        F.T.E., delete "5.0" and insert "0.0"

    (11) State Treatment and Rehabilitation Academy
        Personal Services, General Funds, delete "$1,687,791" and insert "$144,628"
        Operating Expenses, General Funds, delete "$987,100" and insert "$494,083"
        Operating Expenses, Federal Funds, delete "$467,943" and insert "$0"
        F.T.E., delete "26.0" and insert "4.0"

    (12) QUEST
        Personal Services, General Funds, delete "$122,912" and insert "$0"
        Operating Expenses, General Funds, delete "$72,279" and insert "$0"
        F.T.E., delete "2.0" and insert "0.0"

Section 12. That section 18 of chapter 34 of the 2016 Session Laws be amended to read:

DEPARTMENT OF HUMAN SERVICES

(1) Administration, Secretary of Human Services
Personal Services, General Funds, delete "$630,375" and insert "$564,240"

    (2) Developmental Disabilities
        Operating Expenses, General Funds, delete "$60,303,826" and insert "$59,991,806"
        Operating Expenses, Federal Funds, delete "$76,879,780" and insert "$76,511,870"

    (3) South Dakota Developmental Center--Redfield
        Personal Services, General Funds, delete "$9,210,169" and insert "$8,760,169"
        Personal Services, Federal Funds, delete "$10,896,459" and insert "$10,365,853"
        Operating Expenses, General Funds, delete "$2,288,962" and insert "$2,237,856"
        Operating Expenses, Federal Funds, delete "$2,742,261" and insert "$2,682,001"

    (6) Services to the Blind and Visually Impaired
        Personal Services, General Funds, delete "$491,232" and insert "$456,232"
        Operating Expenses, General Funds, delete "$462,175" and insert "$412,175"

Section 13. That section 21 of chapter 34 of the 2016 Session Laws be amended to read:

UNIFIED JUDICIAL SYSTEM

    (2) Unified Judicial System
        Personal Services, General Funds, delete "$38,367,002" and insert "$37,867,002"
        Operating Expenses, General Funds, delete "$4,353,785" and insert "$4,743,785"
        Operating Expenses, Other Funds, delete "$6,260,237" and insert "$7,540,237"

Section 14. That section 23 of chapter 34 of the 2016 Session Laws be amended to read:

ATTORNEY GENERAL

(2) Criminal Investigation
Operating Expenses, General Funds, delete "$1,325,207" and insert "$1,483,207"

Section 15. That section 24 of chapter 34 of the 2016 Session Laws be amended to read:

SCHOOL AND PUBLIC LANDS

(1) Administration of School and Public Lands
Personal Services, General Funds, delete "$407,577" and insert "$391,577"

Section 16. That section 25 of chapter 34 of the 2016 Session Laws be amended to read:

SECRETARY OF STATE

    (1) Secretary of State
        Operating Expenses, General Funds, delete "$442,063" and insert "$342,063"
        Operating Expenses, Other Funds, delete "$309,776" and insert "$559,776"

Section 17. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 34. The state treasurer shall transfer to the general fund one million five hundred thousand dollars from the veterans home operating fund created by § 34A-4-24.

Section 18. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 35. The state treasurer shall transfer to the general fund nine hundred eleven thousand six hundred twenty-five dollars from the private activities bond fund created by § 1-7-10.

Section 19. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 36. The state treasurer shall transfer to the general fund one hundred four thousand dollars from the South Dakota certified beef fund created by § 39-24-10.

Section 20. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 37. The state treasurer shall transfer to the general fund eight hundred thousand dollars from the telecommunication fund for the deaf created by § 49-31-50.

Section 21. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 38. The state treasurer shall transfer to the general fund five hundred thousand dollars from the court automation fund created by § 16-2-38.

Section 22. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 39. The state treasurer shall transfer to the general fund five hundred thousand dollars from the video lottery operating fund created by § 42-7A-41.1.

Section 23. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 40. The state treasurer shall transfer to the general fund one hundred eighty thousand dollars from the general militia fund created by § 33-12-29.

Section 24. That chapter 34 of the 2016 Session Laws be amended by adding a NEW SECTION to read:

Section 41. The state treasurer shall transfer to the attorney general other fund one hundred eighty-one thousand one hundred ninety-two dollars from the court automation fund created by § 16-2-38.

Section 25. Funds appropriated by this Act which are unspent at the end of fiscal year 2017 may be carried over to fiscal year 2018.

Section 26. This Act is effective June 26, 2017."

And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25, 27, 78, 95, 104, 130, 141, 147, and 149 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-second Legislative Session be adopted as the joint rules of the Ninety-third Legislative Session with the following changes:

Amend Chapter 1 as follows:

1A-9. Cellular telephones ~~prohibited~~. Cellular telephones may not be used in either chamber or gallery while the Legislature is in session, except for silent functions that do not distract others.

1B-3.1 Sexual contact prohibited. No legislator or legislative employee may have sexual contact with any legislative intern or page, and no legislative intern may have sexual contact with a page.

Amend Chapter 3 as follows:

3-7. Sexual harassment prohibited. All employees are responsible for ensuring that the workplace is free from sexual harassment. All employees shall avoid any action or conduct which could be viewed as sexual harassment. An employee shall report any sexual harassment complaint within one year of its occurrence. Such complaints may be reported to: ~~or any supervisor~~

(1) ~~the~~ The president pro tempore of the Senate, in the case of a Senate employee;

(2) The speaker of the House, in the case of a House employee;

(3) Any legislator who supervises House or Senate employees, respectively;

(4) A majority or minority party legislative secretary; or

(5) The Legislative Research Council Director, Deputy Director, or intern coordinators.

Any complaints received pursuant to (3), (4), or (5) shall be reported promptly, in writing, by the recipient of the complaint to the president pro tempore of the Senate or the speaker of the House, respectively. If the situation is not resolved, the employee shall forward the complaint to the Executive Board of the Legislative Research Council. The provisions of this section apply only to complaints which are made on a timely basis under the provisions of this section.

Amend Chapter 6 as follows:

6B-6. Pre-filing of agency bills. No bill or resolution introduced at the request of a department, board, commission, or any other agency of state government, except bills or resolutions introduced at the request of the Governor or Chief Justice, may be considered by the Legislature unless such bill or resolution is pre-filed with the director of the Legislative Research Council at least forty-eight hours before the opening of a legislative session and available for introduction on the first legislative day. The chairman may approve introduction of the bill electronically.

6C-1.1. Request for fiscal note or prison or jail population cost estimate by any member. A fiscal note or prison or jail population cost estimate may be requested by:

(1) The presiding officer when a bill, amendment, or resolution is introduced;

(2) The chair of the standing committee possessing the bill, amendment, or resolution;

(3) A majority vote of the standing committee possessing the bill, amendment, or resolution; or

(4) A legislator, if the legislator is supported by a vote of one-fifth of the body before the second reading of the bill or resolution.

6C-1.3. Prison or jail population cost estimates. A prison or jail population cost estimate may be requested pursuant to Joint Rule 6C-1.1 for any bill or amendment with a Class 1 misdemeanor penalty that may impact the state prison or county jail population. The cost estimate shall be prepared pursuant to §§ 2-1-19 and 2-1-20.

6D-1. Referral of bills and resolutions to standing committees. Unless otherwise ordered, each bill or joint resolution shall be referred to a standing committee after its first reading.

If any member introduces an appropriation bill, the bill shall be referred directly to a standing committee. If any Committee on Appropriations introduces an appropriation bill, the presiding officer of the house of origin may waive referral to a standing committee. If ~~an appropriation~~ a bill has received final disposition from the Joint Committee on Appropriations, the presiding officer may waive the referral of the bill to a standing committee.

For the purposes of the Joint Rules, an appropriation bill is any bill that appropriates money from public funds and that appropriation is expressed in the title of the bill.

The presiding officer may waive the referral of concurrent resolutions to a standing committee. A copy of any concurrent resolution shall be posted to the Legislative Research Council internet site before the resolution is acted upon.

Amend Chapter 7 as follows:

7-12. Joint committee on appropriations. The Joint Committee on Appropriations, consisting of the Senate and House Committees on Appropriations, is deemed to be a standing committee

of the Senate and House of Representatives for the limited purposes of hearing agency or other budget presentations, and introducing, hearing, or acting on ~~appropriation~~ bills that authorize the sale of state property, appropriate money, or adjust school district property tax levies pursuant to an appropriations bill. All Joint Committee on Appropriations action shall be approved by a majority vote of the Joint Committee unless a member calls for a separate vote of the House Committee on Appropriations and the Senate Committee on Appropriations in which case a majority vote of each committee is required to adopt the action.

Each agenda for the Joint Committee on Appropriations shall be approved by the chair of the Senate Committee on Appropriations and the chair of the House Committee on Appropriations. The respective vice chair of each committee may sign in the absence of the chair.

Amend Chapter 17 as follows:

CHAPTER 17. LEGISLATIVE DEADLINES

Legislative Deadlines
Legislative Action	40 Day Session
A. Last day for unlimited introduction of individual bills and joint resolutions¹	12^th Day
B. Last day for introduction of individual bills and joint resolutions¹	15^th Day
C. Last day for introduction of committee bills and joint resolutions¹	16^th Day
D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26^th Day
E. Last day to move required delivery of bills or resolutions by a committee to the house of origin	~~27^th Day~~ 28^th Day
F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions	~~28^th Day~~ 29^th Day
G. Last day for introduction of commemorations	33^rd Day
H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34^th Day on
I. Last day to move required delivery of bills or resolutions by a committee to the second house	35^th Day
J. Last day for a bill or joint resolution to pass both houses	36^th Day
K. Two days preceding the last two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37^th Day 38^th Day
L. The last day of a legislative session is reserved for the consideration of vetoes	40^th Day
¹ Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5.

17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and any bill that adjusts school district property tax levies pursuant to an appropriations bill is not subject to the legislative deadlines of C, E, F, I, J, and K, in this chapter, except that the general appropriation bill requested by the Governor shall be subject to legislative deadline C.

Any appropriation bill that is not a general appropriation bill, which is referred to or reported to the floor by the House Committee on Appropriations, the Senate Committee on Appropriations or the Joint Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the legislative deadlines of E and F, in this chapter:

(1) Last day to move required delivery of bills by a committee to the house of origin: 31^st Day;

(2) Last day to pass bills by the house of origin: 32^nd Day.

Respectfully submitted,    Respectfully submitted,

G. Mark Mickelson        Brock Greenfield
Lee Qualm        R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee        Senate Committee

Also MR. PRESIDENT:

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-third Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 25, January 30 through February 2, February 5 through February 8, February 12 through February 15, February 20 through February 23, February 26 through March 1, March 5 through March 9, and March 26.

Respectfully submitted, Respectfully submitted,

Larry Rhoden    Brock Greenfield
Arch Beal    R. Blake Curd
Susan Wismer    Billie Sutton
House Committee    Senate Committee

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 80 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 80 be amended as follows:

80bb

On page 2, after line 6 of the House Transportation Committee engrossed bill, insert:

" Section 5. That § 22-21-1 be amended to read:

22-21-1. Any person who, except as authorized by law:

(1) Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

(2) Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;

(3) Intentionally uses a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy; or

(4) Lands a drone on the lands or waters of another resident provided the resident owns the land beneath the water body in its entirety without the owner's consent, except in the case of forced landing and the owner or lessee of the drone will be liable for any damage resulting from a forced landing;

is guilty of a Class 1 misdemeanor. ~~Subdivision~~ Subdivisions (2) ~~shall~~ and (3) do not apply to law enforcement officers, or to those acting under ~~their~~ the direction of a law enforcement officer, while engaged in the performance of ~~their~~ the officer's lawful duties. These restrictions do not apply to a drone operator operating a drone for commercial or agricultural purposes pursuant to or in compliance with federal aviation administration regulations, authorizations, and exemptions nor do they apply to an emergency management worker operating a drone within the scope of the worker's duties. ".

Respectfully submitted,                Respectfully submitted,
Craig Tieszen                        Arthur Rusch
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 172 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 172 be amended as follows:

172fj

On page 3, between lines 2 and 3 of the House engrossed bill, insert:

" Section 7. That chapter 13-13 be amended by adding a NEW SECTION to read:

The state general fund savings obtained through the state aid to education formula from the difference between the school general fund levy for agriculture property for taxes payable in 2018 pursuant to §§ 13-13-71, 13-13-72, and 13-13-72.1 and the agriculture property levy adopted by legislative action for taxes payable in 2018, shall be directed to the state animal disease research and diagnostic laboratory bond redemption and operations fund. Pursuant to this section, the savings amount dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund in fiscal year 2018 shall be one million six hundred fifteen thousand dollars. In fiscal year 2019 and each year thereafter, the savings amount dedicated from the general fund to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be three million three hundred fifty thousand dollars.

Section 8. Section 7 of this Act is repealed on the first day of the fiscal year following a determination by the Animal Industry Board that bonds issued for the State Animal Disease Research and Diagnostic Laboratory are satisfied and paid in full.

Section 9. That § 39-14-43 be amended to read:

39-14-43. An inspection fee established in rules promulgated by the secretary of agriculture pursuant to chapter 1-26, but not to exceed twenty-four cents per ton, shall be paid on commercial feeds distributed in this state by the person who distributes the commercial feed to the consumer subject to the following:

(1) No fee need be paid on a commercial feed if the payment has been made by a previous distributor;

(2) No fee need be paid on customer-formula feeds;

(3) No fee need be paid on commercial feeds used as ingredients for the manufacture of commercial feeds provided the fee has been paid by a previous distributor. If the fee has been paid, credit is given for the payment;

(4) In the case of a pet food which is distributed in the state only in packages of ten pounds or less, ~~a biennial~~ an annual fee of ~~fifty~~ ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above;

(5) In the case of a specialty pet food which is distributed in the state only in packages of ten pounds or less, ~~a biennial~~ an annual fee of ~~twenty-five~~ ninety-nine dollars per product shall be paid in lieu of the inspection fee specified above; and

(6) The minimum inspection fee shall be twenty dollars per twelve-month period.

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

An amount equal to seventy-four dollars per product on pet food and eighty-six dollars and fifty cents per product on specialty pet food, as provided in § 39-14-43, shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act. The money shall be transferred to the general fund coinciding with the general fund bond payments for the State Animal Disease Research and Diagnostic Laboratory, as well as annual maintenance, operations, and repair of the State Animal Disease Research and Diagnostic Laboratory.

Section 11. That § 39-14-45 be amended to read:

39-14-45. ~~Fees~~ Any fee collected pursuant to §§ 39-14-40.1, 39-14-43, and 39-14-44 that is not dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be remitted at the end of each month to the state treasurer for deposit in the feed and remedy fund which is hereby established in the state treasury. ~~This~~ The feed and remedy fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The feed and remedy fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the feed and remedy program. Expenditures from the feed and remedy fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the feed and remedy fund until appropriated by the Legislature.

Section 12. That § 39-18-3 be amended to read:

39-18-3. Before being distributed in South Dakota, each animal remedy~~, except any animal remedy that is manufactured and distributed under license from and under the supervision of the United States Department of Agriculture,~~ shall be registered by the manufacturer or the person responsible for distributing ~~such~~ the animal remedy.

Section 13. That § 39-18-8 be amended to read:

39-18-8. Upon approval by the secretary of agriculture, a copy of the registration of an animal remedy shall be forwarded to the applicant. All registrations are on ~~a biennial~~ an annual basis, expiring the thirty-first day of December of the year after the date of registration. ~~A biennial~~ An annual registration fee of ~~twenty-five~~ seventy-five dollars for each product shall be paid to the secretary upon application for registration.

Section 14. That § 39-18-9 be amended to read:

39-18-9. All ~~funds collected by the secretary of agriculture under this chapter~~ of the registration fee paid pursuant to § 39-18-8 on any animal remedy manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund and used to retire bonds issued for the State Animal Disease Research and Diagnostic Laboratory.

Twelve dollars and fifty cents of the animal remedy registration fee paid pursuant to § 39-18-8 on any animal remedy not manufactured and distributed under license from and under the supervision of the United States Department of Agriculture shall be paid into the feed and remedy fund established in § 39-14-45. The remaining sixty-two dollars and fifty cents of this registration fee shall be deposited into the state animal disease research and diagnostic laboratory bond redemption and operations fund.

Section 15. Sections 9 to 14, inclusive, are effective on July 1, 2017.".

On page 1, line 3, of the House engrossed bill, after "University," insert "to increase certain agricultural fees,".

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        Gary Cammack
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 176 be amended as follows:

176fg

On page 3, after line 1 of the House engrossed bill, insert:

" Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

On page 1, line 1 of the House engrossed bill, after "travel," delete "and".

On page 1, line 2, after "response" insert ", and to declare an emergency".

Respectfully submitted,                Respectfully submitted,
Larry Rhoden                        Bob Ewing
House Committee Chair                Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1035 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1035 be amended as follows:

1035fb

On page 2, line 17, of the Senate State Affairs Committee engrossed bill, delete "five percent".

On page 4, line 6, delete "five percent".

Respectfully submitted,                Respectfully submitted,
Herman Otten                        Jim Bolin
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1012.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1034, 1052, 1073, 1076, 1082, 1147, 1159, 1170, 1179, and 1185.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Tidemann moved that the Senate do concur in House amendments to SB 33.

The question being on Sen. Tidemann's motion that the Senate do concur in House amendments to SB 33.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Russell

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

Sen. Soholt moved that the Senate do now recess until 11:45 a.m., which motion prevailed and at 11:31 a.m., the Senate recessed.

The Senate reconvened at 11:45 a.m., the President presiding.

SIGNING OF BILLS

The President publicly read the title to

SB 25: FOR AN ACT ENTITLED, An Act to provide for the release of certain booking photographs.

SB 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

SB 78: FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

SB 95: FOR AN ACT ENTITLED, An Act to add cannabidiol to the list of Schedule IV controlled substances and to exclude it from the definition of marijuana.

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

SB 130: FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses and permits for the Department of Game, Fish and Parks to designate the use of certain funds received by the department, and to establish certain reporting requirements.

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

SB 147: FOR AN ACT ENTITLED, An Act to establish a rate-setting methodology for services delivered by community-based health and human services providers.

SB 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

HB 1014: FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard and to declare an emergency.

HB 1090: FOR AN ACT ENTITLED, An Act to define certain fees incident to the extension of credit.

HB 1103: FOR AN ACT ENTITLED, An Act to allow for service by publication for certain paternity and child custody actions.

HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding protection orders.

HB 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in postsecondary technical institutes from collective bargaining provisions.

HB 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of Child Support as a condition of eligibility for the SNAP program.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

HB 1206: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

HB 1207: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

HB 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

HB 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

HB 1210: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

And signed the same in the presence of the Senate.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 171 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                Respectfully submitted,
Don Haggar                        Brock Greenfield
House Committee Chair                Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Rusch moved that the report of the Conference Committee on SB 80 as found on page 704 of the Senate Journal be adopted.

The question being on Sen. Rusch's motion that the report of the Conference Committee on SB 80 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Kolbeck; Novstrup; White

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

Sen. Cammack moved that the report of the Conference Committee on SB 172 as found on page 705 of the Senate Journal be adopted.

Sen. Curd moved the previous question.

Which motion prevailed.

The question being on Sen. Cammack's motion that the report of the Conference Committee on SB 172 be adopted.

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Killer; Monroe; Nelson; Netherton; Russell

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

Sen. Bolin moved that the report of the Conference Committee on HB 1035 as found on page 708 of the Senate Journal be adopted.

The question being on Sen. Bolin's motion that the report of the Conference Committee on HB 1035 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

Sen. Curd moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 12:44 p.m., the Senate recessed.

The Senate reconvened at 4:00 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 33, 80, and 172 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 128 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 128 be amended as follows:

128ja

On page 1, line 5, of the House Judiciary Committee engrossed bill, delete "or wholesaler".

On page 1, line 6, delete everything before "event" and insert "pour or serve any alcoholic beverages and a wholesaler licensee may pour or serve wine at any".

On page 1, after line 12, insert:

" Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

On page 1, line 2, of the House Judiciary Committee engrossed bill, after "events" insert "and to declare an emergency".

Respectfully submitted,                Respectfully submitted,
Tona Rozum                        Al Novstrup
House Committee Chair                Senate Committee Chair

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 151 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        R. Blake Curd
House Committee Chair                Senate Committee Chair

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1157 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that they do not concur with the Senate amendments to HB 1157 and do not appoint a new committee.

Respectfully submitted,                Respectfully submitted,
Lee Qualm                        Gary Cammack
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1035.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 80, 171, 172, and 128.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Ninety-second Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Curd moved that SB 176 be deferred to Friday, March 10^th, the 37^th legislative day.

Which motion prevailed.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House pertaining to fixing the time of adjournment sine die for the Ninety-second Legislative Session.

Which motion prevailed and the President announced as such committee Sens. Langer, Ewing, and Killer.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Joint Committee on Appropriations on SB 32 as found on page 693 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Greenfield (Brock) moved that the report of the Conference Committee on SB 171 as found on page 711 of the Senate Journal be adopted.

The question being on Sen. Greenfield (Brock)'s motion that the report of the Conference Committee on SB 171 be adopted.

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Cronin; Haverly; Jensen (Phil); Langer; Partridge; Peters; Soholt

Excused:
Tidemann

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

Sen. Curd moved that the report of the Conference Committee on SB 151 as found on page 715 of the Senate Journal be adopted.

The question being on Sen. Curd's motion that the report of the Conference Committee on SB 151 be adopted.

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

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

Nays:
Cronin; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Monroe; Nelson; Nesiba; Partridge; Peters; Russell; Soholt; Stalzer; Sutton; Tapio; Wiik; Youngberg

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

Sen. Novstrup moved that the report of the Conference Committee on SB 128 as found on page 714 of the Senate Journal be adopted.

The question being on Sen. Novstrup's motion that the report of the Conference Committee on SB 128 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

Sen. Cammack moved that the report of the Conference Committee on HB 1157 as found on page 715 of the Senate Journal be adopted.

The question being on Sen. Cammack's motion that the report of the Conference Committee on HB 1157 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Sen. Curd moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-third Legislative Session as found on page 703 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Curd moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-third Legislative Session as found on page 700 of the Senate Journal be adopted.

    Sen. Nelson moved as a substitute motion that the Joint-Select Committee report on the joint rule change recommendations for the Ninety-third Legislative Session not be adopted and that the recommendations be referred back to the committee with instructions to consider the following:

    New rule:

     1B-3.1 Sexual contact prohibited. No legislator or legislative employee may have sexual contact with any legislative intern or page, and no legislative intern may have sexual contact with a page. Any violation shall be reported within two hours of violation or knowledge, as follows:

                (1)    For a member of the Senate, a written report to the Senate president pro tempore, and the majority and minority leaders of the Senate;

                (2)    For a member of the House of Representatives, a written report to the     speaker of the House, and the majority and minority leaders of the House of Representatives;

                (3)    For a Legislative Research Council employee, a written report to the     Director of the Legislative Research Council and the Executive Committee of the Executive Board;

                (4)    For an employee or legislative intern of the Senate, a written report to the Senate president pro tempore, the majority and minority leaders of the Senate, and the Director of the Legislative Research Council; and

                (5)    For an employee or legislative intern of the House of Representatives, a written report to the speaker of the House, the majority and minority leaders of the House of Representatives, and the Director of the Legislative Research Council.

    If a select committee on discipline and expulsion determines a member violated this section, it shall demand expulsion of the member in its committee report and the intern or page shall be dismissed from service.

Which motion lost.

New rule:

1B-3.1. Vote trading prohibited. No legislator may give, offer, or promise to give his or her vote in favor of or against any candidate for any office or position elected or appointed by the Legislature, or any bill, resolution, or amendment pending or proposed to be introduced in the Legislature in consideration or upon condition that any other legislator will give, promise, or agree to give his or her vote in favor of or against any other candidate for any office or position elected or appointed by the Legislature, or any bill, resolution, or amendment pending or proposed to be introduced in the Legislature. Any legislator found to have violated this provision pursuant to the rules of the Chamber and Mason's Manual of Legislative Procedure shall be recommended for expulsion.

Sen. Nelson requested a roll call vote.

Which request was not supported.

Which motion lost.

The question being on Sen. Curd's pending motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-third Legislative Session be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 32: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2017.

Was read the second time.

The question being “Shall SB 32 pass as amended?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Nelson

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 reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 176.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1157.

Respectfully,
Arlene Kvislen, Chief Clerk

Sen. Curd moved that the Senate do now recess until 5:30 p.m., which motion prevailed and at 5:21 p.m., the Senate recessed.

The Senate reconvened at 5:30 p.m., the President presiding.

MOTIONS AND RESOLUTIONS

Sen. Curd moved that the Senate do not adopt the report of the Conference Committee on SB 151 as found on page 715 of the Senate Journal and that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Maher, Partridge, and Kennedy

Sen. Curd moved that when we adjourn today, we adjourn to convene at 9:00 a.m., Friday, March 10^th, the 37^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

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

SB 80: FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

SB 172: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to increase certain agricultural fees, to transfer certain funds, to make an appropriation, and to declare an emergency.

HB 1034: FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

HB 1035: FOR AN ACT ENTITLED, An Act to revise and provide certain procedures for filing, certifying, and challenging petitions.

HB 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public employees.

HB 1073: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.

HB 1076: FOR AN ACT ENTITLED, An Act to create a State Government Accountability Board.

HB 1082: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed carry permits and to declare an emergency.

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

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

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

HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

And signed the same in the presence of the Senate.

Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 6:00 p.m. the Senate adjourned.

Kay Johnson, Secretary