Senate Journal 3/10/2017 09:00 AM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

THIRTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 10, 2017

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Courtney Peters and Evan Sundby.

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-sixth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

Sen. Kolbeck moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 9:12 a.m., the Senate recessed.

RECESS

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

COMMUNICATIONS AND PETITIONS

March 10, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 9, 2017, I approved Senate Bill 79, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

SIGNING OF BILLS

The President publicly read the title to

SB 128: FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer and wholesaler licensees to participate in certain retail events and to declare an emergency.

SB 171: FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task Force to study campaign finance and to declare an emergency.

And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 128 and 171 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 25, 27, 78, 95, 104, 130, 138, 141, 147, 149, and 166 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March 10, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

Sen. Curd moved that the Senate do now recess until 11:30 a.m., which motion prevailed and at 11:05 a.m., the Senate recessed.

RECESS

The Senate reconvened at 11:30 a.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES

Cc35a

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 35 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 35 be amended as follows:

35jb

On page 1, line 6, of the House engrossed bill, delete "ninety-five" and insert "ninety-seven".

On page 1, line 11, overstrike "fifty-six and eight" and insert "fifty and seven".

On page 2, line 2, delete "thirty-six and three" and insert "thirty-seven and two".

On page 4, line 5, delete "~~2017~~ 2018" and insert "2017".

On page 8, between lines 17 and 18, insert:

" Section 4. That § 13-37-16 be amended to read:

13-37-16. For taxes payable in ~~2017~~ 2018, and each year thereafter, the school board shall levy no more than one dollar and ~~fifty and five tenths~~ forty-six and one tenth cents per thousand

dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and such levy shall be spread against all of the taxable property of the district. The proceeds derived from such levy shall constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside within the district pursuant to the provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on valuations such that the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. The total amount of taxes that would be generated at the levy pursuant to this section shall be considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.

Section 5. That § 13-37-35.1 be amended to read:

13-37-35.1. Terms used in chapter 13-37 mean:

(1) "Level one disability," a mild disability;

(2) "Level two disability," cognitive disability or emotional disorder;

(3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

(4) "Level four disability," autism;

(5) "Level five disability," multiple disabilities;

(5A) "Level six disability," prolonged assistance;

(6) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

(7) "Local effort," shall be calculated for taxes payable in ~~2016~~ 2018 and thereafter using a special education levy of one dollar and ~~thirty and five tenths~~ twenty-six and one tenth cents per one thousand dollars of valuation;

(8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2016, is $5,456. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(9) "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2016, is $12,592. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(10) "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2016, is $16,049. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(11) "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2016, is $15,564. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12) "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2016, is $27,799. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2016, is $8,007. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

(13) "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;

(14) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

(15) "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

(16) "Nonpublic fall enrollment," the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:

(a) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade students enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

(b) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through twelfth grade students enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;

(17) "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;

(18) "Local need," an amount to be determined as follows:

(a) Multiply the special education fall enrollment by 0.1 and multiply the result by the allocation for a student with a level one disability;

(b) Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

(c) Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

(d) Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

(e) Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

(f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

(g) When calculating local need at the statewide level, include the amount set aside for extraordinary costs defined in § 13-37-40;

(h) When calculating local need at the statewide level, include the amount set aside for the South Dakota School for the Blind and Visually Impaired;

(i) Sum the results of (a) to (h), inclusive;

(19) "Effort factor," the school district's special education tax levy in dollars per thousand divided by ~~$1.305~~ $1.261. The maximum effort factor is 1.0.

Section 6. That § 13-39-75 be amended to read:

13-39-75. The presidents of the postsecondary technical institutes, acting pursuant to rules established by the State Board of Education, shall use the money provided pursuant to ~~§ 13-1-65~~ SL 2016, chapter 65 to increase instructor salaries to competitive levels at each postsecondary technical institute. The amount of money provided each year shall be increased by the index factor as defined in § 13-13-10.1. ".

On page 8, delete lines 18 to 24, inclusive.

On page 9, delete lines 1 to 10, inclusive.

35fta

On page 1, line 1, of the House engrossed bill, after "general" insert "and special".

Respectfully submitted,                Respectfully submitted,
David Anderson                    Deb Peters
House Committee Chair                Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Ewing moved that the report of the Conference Committee on SB 176 as found on page 707 of the Senate Journal be adopted.

Sen. Tapio moved as a substitute motion that SB 176 be laid on the table.

The President ruled the substitute motion out of order and pursuant to Joint Rule 8-4 the substitute motion that needs to be made is do not adopt, do not appoint a new conference committee.

Sen. Tapio moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 176 as found on page 707 of the Senate Journal and do not appoint a new committee.

Sen. Peters moved the previous question.

Which motion prevailed.

The question being on Sen. Tapio's substitute motion to not adopt the report of the Conference Committee on SB 176 and to not appoint a new committee.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Netherton; Russell; Sutton; Tapio

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

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

The question being on Sen. Ewing's pending motion that the report of the Conference Committee on SB 176 be adopted.

Sen. Curd moved the previous question.

Which motion prevailed.

Sen. Nelson rose to a point of order to state that under the provisions of Joint Rule 5-3 the President's ruling was out of order and that Sen. Tapio's motion to table was in order.

Sen. Nelson appealed the ruling of the President that Sen. Tapio's motion to table was out of order.

The ruling of the President was sustained.

The question being on Sen. Ewing's pending motion that the report of the Conference Committee on SB 176 be adopted.

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Netherton; Russell; Sutton

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. Peters moved that the report of the Conference Committee on SB 35 as found on page 727 of the Senate Journal be adopted.

The question being on Sen. Peters' motion that the report of the Conference Committee on SB 35 be adopted.

And the roll being called:

Yeas 34, Nays 1, 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; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Russell

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.

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 32 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, 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 SB 35.

Also MR. PRESIDENT:

I have the honor to return herewith SB 32 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 151 and has appointed Reps. Rhoden, Haggar, and Bartling as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninety-third Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for the Ninety-third Legislative Session.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

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

And signed the same in the presence of the Senate.

Sen. Curd moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 12:31 p.m., the Senate recessed.

RECESS

The Senate reconvened at 1:30 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 Joint Committee on Appropriations respectfully reports that it has had under consideration SB 175 which was tabled.

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 35 and 176 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc151b

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 SB 151 be amended as follows:

151da

On page 1, line 14, of the House State Affairs Committee engrossed bill, delete everything after "relied" .

On page 2, delete line 1, and insert "and identify any source of factual information.".

On page 2, delete lines 2 to 4, inclusive.

On page 2, line 5, delete everything before "If" .

On page 3, line 8, delete everything after "relied" .

On page 3, line 9, delete everything before "and" .

On page 3, line 10, delete everything after "information." .

On page 3, delete lines 11 to 14, inclusive.

151db

On page 1, line 7, of the House State Affairs Committee engrossed bill, delete "five hundred" and insert "two hundred fifty".

On page 2, line 10, after "23-3" insert "and shall notify the subject of the affidavit of the referral by certified mail".

On page 2, line 18, before "The" insert "The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail.".

On page 2, line 21, after "prosecution" insert "and shall notify the subject of the affidavit of the referral by certified mail".

On page 3, line 5, after "office" insert "who shall resolve the matter in a reasonable time".

On page 3, line 18, after "." insert "The committee shall promptly notify the subject of the affidavit and resolve the matter in a reasonable time.".

Respectfully submitted,                Respectfully submitted,
Larry Rhoden                        Ryan Maher
House Committee Chair                Senate Committee Chair

Cc54a

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 54 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 54 be amended as follows:

54wd

On page 12 of the House engrossed bill, delete lines 6 to 13, inclusive.

54we

On page 11, line 5, of the House engrossed bill, after "committee," insert "person,".

54wh

On page 37, after line 16 of the House engrossed bill, insert:

" Section 41. That the code be amended by adding a NEW SECTION to read:

Contributions received by a candidate campaign committee may only be used for:

(1) A purpose related to a candidate's campaign;

(2) Expenses incident to being a public official or former public official; or

(3) Donations to any other candidate, political committee, or nonprofit charitable organization.".

54wk

On page 14, line 9, of the House engrossed bill, delete "a" and insert "that".

On page 14, line 23, overstrike "organization" and insert "entity".

On page 15, line 3, overstrike "organization" and insert "entity".

On page 15, line 4, delete "communication An" and insert "communication. An".

On page 17, line 13, after "of the" overstrike "organization" and insert "entity".

On page 19, line 4, delete "a" and insert "clearly identifying a".

On page 19, delete line 5, and insert "candidate, public office holder, ballot question, or political ~~party~~ committee, other than an independent".

On page 19, line 7, delete "with a" and insert "with that".

On page 19, line 13, overstrike "organization" and insert "entity".

On page 19, line 16, overstrike "organization" and insert "entity".

On page 19, line 19, overstrike "organization" and insert "entity".

On page 21, line 15, overstrike "organization" and insert "entity".

On page 21, line 16, overstrike "organization" and insert "entity".

On page 21, line 19, overstrike "organization" and insert "entity".

On page 21, line 19, overstrike "organization's" and insert "entity's".

On page 21, line 22, overstrike "organization" and insert "entity".

On page 25, line 20, delete "12-27-23" and insert "§ 12-27-25".

On page 26, line 21, delete everything after "~~election~~" and insert ".".

On page 26, delete lines 22 to 24, inclusive.

On page 26, after line 24, insert:

" Section 26.That chapter 12-27 be amended by adding a NEW SECTION to read:

If a political committee treasurer is required to file a report with the secretary of state, the report may only include contributions and expenditures related to this state.".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Brock Greenfield
House Committee Chair                Senate Committee Chair

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 5 Introduced by: Senators Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-second Legislature of the State of South Dakota to Matthew Bunn, Mary Dybedahl, Kadon Leddy, Emma Mesman, Patrick Minihan, Courtney Peters, Roger Sheets, Evan Sunby.

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

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

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

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

Sen. Soholt moved that Senate Page Resolution 5 be adopted.

The question being on Sen. Soholt's motion that Senate Page Resolution 5 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.

Sen. Curd moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to appropriating money for the ordinary expenses of the legislative, judicial and executive departments of the state, the expenses of state institutions, interest on the public debt and for common schools.

The question being on Sen. Curd's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to appropriating money for the ordinary expenses of the legislative, judicial and executive departments of the state, the expenses of state institutions, interest on the public debt and for common schools.

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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Greenfield (Brock) moved that the report of the Conference Committee on SB 54 as found on page 736 of the Senate Journal be adopted.

The question being on Sen. Greenfield (Brock)'s motion that the report of the Conference Committee on SB 54 be adopted.

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Cronin; Haverly; Heinert; Kennedy; Langer; Monroe; Nelson; Nesiba; Netherton; Partridge; Stalzer; Tapio

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. Maher moved that the report of the Conference Committee on SB 151 as found on page 735 of the Senate Journal be adopted.

Sen. Heinert moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 151 as found on page 735 of the Senate Journal and do not appoint a new committee.

The question being on Sen. Heinert's substitute motion to not adopt the report of the Conference Committee on SB 151 and to not appoint a new committee.

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Cronin; Haverly; Heinert; Killer; Langer; Monroe; Nelson; Nesiba; Netherton; Partridge; Peters; Russell; Stalzer; Sutton; Tapio; Tidemann; Wiik

Nays:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Novstrup; Otten (Ernie); Rusch; Soholt; Solano; White; Youngberg

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

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

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Greenfield (Brock); Kennedy; Klumb; Kolbeck; Maher; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Soholt; Solano; Tidemann; Youngberg

Nays:
Cronin; Frerichs; Haverly; Heinert; Jensen (Phil); Killer; Langer; Monroe; Nelson; Nesiba; Partridge; Russell; Stalzer; Sutton; Tapio; White; Wiik

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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 178 Introduced by: The Committee on Appropriations at the request of the Joint Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 178: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the second time.

The question being “Shall SB 178 pass?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Nelson; Nesiba

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 reports of the Conference Committees on SB 54 and 151.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

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

SB 176: FOR AN ACT ENTITLED, An Act to preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency.

And signed the same in the presence of the Senate.

Sen. Curd moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 2:58 p.m., the Senate recessed.

RECESS

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

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 10, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 10, 2017, I approved Senate Bills 74, 81, 82, 84, 86, 88, 102, 113, 131, 136, 140, 143, and 145, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 32, 33, 80, 128, 171, and 172 were delivered to his Excellency, the Governor, for his approval at 2:25 p.m., March 10, 2017.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 35, 54, 151, 176, and 178 were delivered to his Excellency, the Governor, for his approval at 4:12 p.m., March 10, 2017.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 54, 151, and 178 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

SIGNING OF BILLS

The President publicly read the title to

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

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

And signed the same in the presence of the Senate.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 178 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Maher moved that when we adjourn today, we adjourn to convene at 10:00 a.m., on Monday, March 27^th, the 38^th legislative day.

Which motion prevailed.

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 4:05 p.m. the Senate adjourned.

Kay Johnson, Secretary