JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 5, 2019

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

The prayer was offered by the Chaplain, Rev. Michael Boyle, Jr., followed by the Pledge of Allegiance led by Senate page Meagan Canfield.

Roll Call: All members present except Sens. Otten and Schoenbeck who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the sixteenth 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.

The oath of office was administered by the President to the following named pages:

Meagan Canfield, Jade Evans, Emily Foiles, Erica Howard, Sabrina Kintz,
Anna Schwader, Kaelyn Somsen, Bethany Swift, Vanessa Tschetter, Denim Varland, and
Ronni Walton

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 1, 2019

The Honorable Larry Rhoden
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate,

In early January the Governor's Office submitted appointment paperwork to the Senate for Amy Iversen-Pollreisz, Interim Secretary for the Department of Social Services. Earlier today we submitted paperwork for the appointment for M. Gregory DeSautel, Secretary of the Department of Social Services. His appointment takes effect February 1, 2019. We would like to withdraw the appointment for Amy Iversen-Pollreisz.

Sincerely,
Kristi Noem
Governor

January 29, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed M. Gregory DeSautel, of
Lincoln County, Sioux Falls, South Dakota, to the position of Secretary of the Department of Social Services.

This appointment is effective February 1, 2019.

Sincerely,
Kristi Noem

The President announced the referral of the appointment to the Committee on Health and Human Services.

January 22, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed
Thomas G. Croymans, of Brown County, Aberdeen, South Dakota, as the Assistant Adjutant General, Army.

This appointment was effective May 1, 2018.

Sincerely,
Kristi Noem

The President announced the referral of the appointment to the Committee on Military and Veterans Affairs.

January 22, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Russ A. Walz, of Minnehaha County, Sioux Falls, South Dakota, as the Assistant Adjutant General, Air.

This appointment was effective May 12, 2018.

Sincerely,
Kristi Noem

The President announced the referral of the appointment to the Committee on Military and Veterans Affairs.

January 23, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed
Douglas J. Hajek, of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

This appointment is effective January 21, 2019, and shall continue until
January 16, 2023.

Sincerely,
Kristi Noem

The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 31, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on January 31, 2019, I approved Senate Bills 13, 26, and 47, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 99 and HB 1033 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jim Stalzer, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1098, 1070, 1082, and 1121 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Langer moved that SB 137, 73, and 56 be deferred to Wednesday, February 6^th, the 18^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1024 as found on page 243 of the Senate Journal; also

Agriculture and Natural Resources on SB 154 as found on page 242 of the Senate
Journal ; also

Agriculture and Natural Resources on SB 63 as found on page 243 of the Senate Journal; also

Judiciary on SB 54 as found on page 245 of the Senate Journal; also

Education on SB 55 as found on page 244 of the Senate Journal; also

Commerce and Energy on SB 61 as found on page 243 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Mike Leidholt of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Corrections.

The question being “Does the Senate advise and consent to the executive appointment of Mike Leidholt pursuant to the executive message as found on page 91 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Otten (Ernie); Schoenbeck

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 Greg Whitlock of Codington County, Watertown, South Dakota, to the position of Secretary of the Department of Veteran Affairs.

The question being “Does the Senate advise and consent to the executive appointment of Greg Whitlock pursuant to the executive message as found on page 87 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Otten (Ernie); Schoenbeck

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 Lucas G. Lund of Clay County, Vermillion, South Dakota, to the State Board of Regents.

The question being “Does the Senate advise and consent to the executive appointment of Lucas G. Lund pursuant to the executive message as found on page 117 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Otten (Ernie); Schoenbeck

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1098: FOR AN ACT ENTITLED, An Act to revise provisions regarding publication of official ballots in a legal newspaper.

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

HB 1070: FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by confession.

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

HB 1082: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

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

HB 1121: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding health inspections of food service establishments.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of
Dr. Becky Guffin of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Educational Standards.

The question being “Does the Senate advise and consent to the executive reappointment of Dr. Becky Guffin pursuant to the executive message as found on page 114 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Heinert; Otten (Ernie); Schoenbeck

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Nelson requested that SB 136 be removed from the Consent Calendar.

Sen. Stalzer requested that SB 84 be removed from the Consent Calendar.

HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

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

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

Were read the second time.

The question being “Shall HB 1018, 1023, and 1007 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Otten (Ernie); Schoenbeck

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 118: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding advance care planning.

Was read the second time.

Sen. Soholt moved that SB 118 be amended as follows:

On page 5, line 14, of the printed bill, after "patient" insert "with decision-making capacity".

Which motion prevailed.

The question being “Shall SB 118 pass as amended?”

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Jensen (Phil); Nelson; Russell

Excused:
Otten (Ernie); Schoenbeck

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the required notice for biennial state political party conventions.

Was read the second time.

The question being “Shall HB 1008 pass as amended?”

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

Nays:
Foster; Greenfield (Brock); Heinert; Kennedy; Nesiba; Wismer

Excused:
Cronin; Otten (Ernie); Schoenbeck

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.

HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

Was read the second time.

The question being “Shall HB 1048 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Cronin; Otten (Ernie); Schoenbeck

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.

HB 1038: FOR AN ACT ENTITLED, An Act to authorize the demolition of a South Dakota State University building and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1038 pass?”

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

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

Nays:
DiSanto; Ewing; Jensen (Phil); Maher; Monroe; Nelson; Russell

Excused:
Otten (Ernie); Schoenbeck

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

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

Was read the second time.

The question being “Shall HB 1012 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Otten (Ernie); Schoenbeck

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.

Sen. Klumb moved that the Senate do now adjourn, which motion prevailed and at
3:32 p.m. the Senate adjourned.

Kay Johnson, Secretary