JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 23, 2019

Prior to the convening of the Senate, the House and Senate met in Joint Session to hear the budget message from Governor Kristi Noem.

The Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, Kristi Noem. The President Pro tempore of the Senate, Brock L. Greenfield, presided.

The following prayer was delivered by Rev. Craig Wexler, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

Creator God, you have created all things and you have tasked us with being the stewards of all you have created, all you have given, all that you have bestowed upon us. As we gather today to hear of our stewardship and where we are at as a state, we pray for your guidance and wisdom; we pray that you will guide our leadership into thoughts, discussion, and decision making that continues to provide your stewardship upon the lives of all households throughout South Dakota. We pray for your provision - “Thy kingdom come, thy will be done,” and give us this day our daily bread. All that we have is yours, oh LORD, given to us as a gift each day, and we pray that you will guide us in using your provisions responsibly and with sound hearts and minds, so that all people can find comfort and wholeness in our communities. In Your name we pray, Amen.

The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield, Brock; Heinert; Jensen, Phil; Kennedy; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup, Al; Otten, Ernie; Partridge; Rusch; Russell; Schoenbeck; Smith, VJ; Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg.

The Chief Clerk of the House of Representatives, Sandra J. Zinter, called the roll of the House and the following members were present:

Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield, Lana; Gross; Hammock; Hansen; Howard; Hunhoff; Jensen, Kevin; Johns; Johnson, Chris; Johnson, David; Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten, Herman; Perry; Peterson, Kent; Peterson, Sue; Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith, Jamie; St. John; Steele; Sullivan; Weis: Wiese; Willadsen; York; Zikmund; Speaker Haugaard.

Sen. Langer moved that a committee of four on the part of the Senate and a committee of six on the part of the House be appointed to escort the Honorable Kristi Noem, Governor of the State of South Dakota, to the rostrum.

Which motion prevailed and the President Pro tempore announced as such committee Sens. Bolin, Langer, Heinert, and Kennedy on the part of the Senate and Reps. Haugaard, Gosch, Qualm, Beal, Smith, and McCleerey on the part of the House.

The President Pro tempore, Brock L. Greenfield, introduced the Honorable Kristi Noem to deliver the Budget Address.

The Sergeant at Arms announced the arrival of the Honorable Kristi Noem, who was escorted to the rostrum.

Sen. Langer moved that the Joint Session do now dissolve.

Which motion prevailed.

The Senate convened at 2:00 p.m., pursuant to adjournment, Sen. Cammack presiding.

The prayer was offered by the Chaplain, Pastor Craig Wexler, followed by the Pledge of Allegiance led by Senate page Maycee Wieczorek.

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 ninth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration the nomination of Darin Bergquist of Hughes County, Pierre, South Dakota, to the position of Secretary of Department of Transportation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of David Flute of Traverse County, Browns Valley, Minnesota, to the position of Secretary of the Department of Tribal Relations and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Laurie Gill of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Human Resources and returns the same with the

recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 39 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1017 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

On page 26, line 14, of the printed bill, delete "Cannabidiol, a drug product in finished dosage formulation" and insert "~~Cannabidiol~~ Epidiolex, or successor trade name,".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Shawnie Rechtenbaugh of Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Human Services and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Deb Soholt, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1012, 1013, 1023, 1024, 1032, 1034, and 1036 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 6 Introduced by: Senators Rusch, Cammack, Ewing, Heinert, Langer, Nesiba, Schoenbeck, Stalzer, Wismer, and Youngberg and Representatives Johnson (David), Anderson, Deutsch, Diedrich, Duba, Duvall, Finck, Hammock, Lesmeister, Peterson (Kent), Rasmussen, Ring, Schoenfish, and Willadsen

A CONCURRENT RESOLUTION, Urging the President of the United States to make agriculture exports a priority and protect agriculture products from all and future tariffs.

WHEREAS, agriculture is South Dakota's number one industry and the cornerstone of its economy; and

WHEREAS, the steep drop in commodity and livestock prices linked to current United States trade policies and recently effectuated sanctions could push an alarming number of South Dakota's farms, ranches, and rural areas to the brink of economic collapse; and

WHEREAS, export markets for our agricultural products have been difficult to obtain and once lost can take years, if not decades, to recapture; and

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, while we support the current administration's efforts to address a broad spectrum of trade inequities, we do not support making agriculture exports bear the brunt of retaliatory actions in response to current United States trade policies.

Was read the first time but has not been assigned to a committee.

SR 1 Senators Heinert, Foster, Kennedy, Nesiba, Wismer, and Youngberg

A RESOLUTION, Urging the President and United States Congress to act quickly to end the ongoing federal government shutdown.

WHEREAS, on December 22, 2018, the President of the United States and the United States Congress failed to agree on the timely appropriation of sufficient funds for the 2019 fiscal year or a temporary continuing resolution, resulting in a shutdown of federal government offices and services that continues to this day; and

WHEREAS, the federal government shutdown has furloughed hundreds of thousands of employees, leaving them facing the uncertainty of lost wages, while thousands of essential government workers have been required to continue to work without compensation, and paychecks are on hold for approximately 800,000 federal employees; and

WHEREAS, the closure of federal offices and loss of funding has caused hundreds of government-backed programs to completely cease operations; and

WHEREAS, Congress has yet to approve funding for the Indian Health Service (IHS), which is dramatically impacted by the federal shutdown with some services and payments on hold, and many IHS employees are furloughed or working without pay, affecting the health services for Native Americans and hurting the economic security of the numerous Native American IHS employees; and

WHEREAS, the shutdown has halted the issuance of small business loans and permits needed by local businesses to maintain and expand operations and has interfered with hiring by closing down employee verification systems, including the EVerify service to ensure persons are authorized to work in the United States; and

WHEREAS, the Internal Revenue Service has been largely shuttered, leaving significant doubt as to whether tax refunds will be processed in a timely manner; and

WHEREAS, Farm Service Agency (FSA) offices are closed and some deadlines have been extended, while farmers seek to sign up for deficiency payments for commodity price drops due to international trade issues; and

WHEREAS, the government shutdown has halted mortgage approvals under programs designed to help individuals purchase homes with low down-payments and at low interest rates, including those offered to build or improve housing and essential community facilities in rural areas under the United States Department of Agriculture (USDA); and

WHEREAS, there is growing concern that a prolonged shutdown may cause USDA programs, including SNAP and WIC, that provide nutritional assistance to low-income individuals and their children, to run out of funds and miss payments as soon as March 2019; and

WHEREAS, the harm to South Dakota residents and businesses from the federal government shutdown is immediate and ongoing and will continue to be felt long after the shutdown ends:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the Senate expresses its concern for the welfare of South Dakota residents and businesses suffering from the ongoing federal government shutdown; and

BE IT FURTHER RESOLVED, that the Senate strongly encourages South Dakota's United States Senators Rounds and Thune to support H.R. 264, due to overwhelming Senate support for the Further Additional Continuing Appropriations Act, 2019, contained in the amendment to H.R. 695 in the 115^th Congress, that would have provided continuing Federal Fiscal Year 2019 appropriations to several federal agencies through February 8, 2019, but was not signed by the President; and

BE IT FURTHER RESOLVED, that the Senate urges the President of the United States and the United States Congress to act quickly to pass legislation ending the federal government shutdown and to work this year to fix the legal immigration system in our country.

Was read the first time but has not yet been assigned to a committee.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1031 as found on page 135 of the Senate Journal; also

Commerce and Energy on SB 53 as found on page 135 of the Senate Journal; also

Education on SB 52 as found on page 136 of the Senate Journal; also

Education on SB 3 as found on page 136 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Kim Vanneman of Tripp County, Ideal, South Dakota, to the position of Secretary of the Department of Agriculture.

The question being “Does the Senate advise and consent to the executive appointment of Kim Vanneman pursuant to the executive message as found on page 137 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Ben Jones of Minnehaha County, Sioux Falls, South Dakota, to the position of Interim Secretary of the Department of Education.

The question being “Does the Senate advise and consent to the executive appointment of Ben Jones pursuant to the executive message as found on page 137 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 67 Introduced by: Senators Novstrup, Monroe, Russell, and Schoenbeck and Representatives Perry, Glanzer, Rounds, and Steele

FOR AN ACT ENTITLED, An Act to revise provisions regarding commitment of a child adjudicated as delinquent.

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

SB 68 Introduced by: Senators Rusch, Blare, Cammack, DiSanto, Ewing, Greenfield (Brock), Heinert, Klumb, Kolbeck, Maher, Nelson, Nesiba, Partridge, Russell, Stalzer, Steinhauer, and Youngberg and Representatives Lesmeister, Barthel, Beal, Bordeaux, Brunner, Chaffee, Chase, Cwach, Dennert, Deutsch, Finck, Glanzer, Gosch, Greenfield (Lana), Gross, Hansen, Healy, Jensen (Kevin), Johns, Johnson (David), Lake, Latterell, Livermont, Marty,

McCleerey, Mulally, Otten (Herman), Perry, Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Rounds, Saba, Schoenfish, Smith (Jamie), Weis, Wiese, York, and Zikmund

FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food products.

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

SB 69 Introduced by: Senators Nelson and Jensen (Phil) and Representatives Mulally, Goodwin, Howard, Jensen (Kevin), Marty, Pischke, and Randolph

FOR AN ACT ENTITLED, An Act to provide for the meeting times of sessions and committees of the Legislature.

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

SB 70 Introduced by: Senators Nelson, Bolin, Cronin, DiSanto, Foster, Heinert, Jensen (Phil), Maher, Monroe, Partridge, Rusch, Russell, Schoenbeck, Wiik, and Wismer and Representatives Johns, Anderson, Cwach, Dennert, Duba, Goodwin, Greenfield (Lana), Howard, Jensen (Kevin), Marty, Mulally, Otten (Herman), Pischke, Randolph, Rounds, Smith (Jamie), and Weis

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital liens.

Was read the first time and referred to the Committee on Health and Human Services.

SB 71 Introduced by: Senators Rusch, Blare, Cronin, Ewing, Foster, Heinert, Kennedy, Nesiba, Partridge, Schoenbeck, Smith (VJ), Soholt, Solano, Steinhauer, and Wismer and Representatives Johns, Barthel, Beal, Bordeaux, Brunner, Chase, Cwach, Deutsch, Duba, Duvall, Glanzer, Hansen, Healy, Johnson (David), Lake, Lesmeister, Marty, McCleerey, Mills, Mulally, Otten (Herman), Peterson (Kent), Pischke, Pourier, Randolph, Reed, Ring, Saba, Schoenfish, Smith (Jamie), Sullivan, Wiese, Willadsen, York, and Zikmund

FOR AN ACT ENTITLED, An Act to prohibit capital punishment of any person with severe mental illness.

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

SB 72 Introduced by: The Committee on Health and Human Services at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to obtain consent to an abortion.

Was read the first time and referred to the Committee on Health and Human Services.

SB 73 Introduced by: Senator Schoenbeck and Representative Johns

FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district trustees.

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

SB 74 Introduced by: Senators Schoenbeck, Rusch, Russell, and Stalzer and Representatives Barthel, Diedrich, Hammock, and Hansen

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

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

SB 75 Introduced by: Senator Bolin and Representative Rounds

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

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

SB 76 Introduced by: Senator Bolin and Representative Rounds

FOR AN ACT ENTITLED, An Act to allow a candidate for legislative or county office to be considered for nomination to statewide office.

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

SB 77 Introduced by: Senator Novstrup and Representative Perry

FOR AN ACT ENTITLED, An Act to revise provisions regarding candidates running for office.

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

SB 78 Introduced by: Senators Curd, Heinert, Otten (Ernie), and Soholt and Representatives Hansen and Johns

FOR AN ACT ENTITLED, An Act to exempt certain medical providers from licensure.

Was read the first time and referred to the Committee on Health and Human Services.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state laboratory services.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1013: FOR AN ACT ENTITLED, An Act to require criminal background investigations for certain vital records employees.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale and purchase of big game animal parts.

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

HB 1024: FOR AN ACT ENTITLED, An Act to authorize certain species of game fish to be used as bait.

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

HB 1032: FOR AN ACT ENTITLED, An Act to revise provisions regarding money transmission.

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

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance contribution rates.

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

HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of Technical Professions.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1004: FOR AN ACT ENTITLED, An Act to revise parole date calculation provisions.

HB 1006: FOR AN ACT ENTITLED, An Act to revise the time requirements for parole reports and plans.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions of the alcoholic beverages code.

HB 1030: FOR AN ACT ENTITLED, An Act to allow the Office of School and Public Lands to accept internet bidding for the leasing of state minerals.

Were read the second time.

The question being “Shall HB 1004, 1006, 1016, and 1030 pass?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Langer moved that the balance of the calendar including SB 50 and 37 and HB 1002 and 1005 be deferred to Thursday, January 24^th, the eleventh legislative day.

Which motion prevailed.

Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at
2:27 p.m. the Senate adjourned.

Kay Johnson, Secretary