JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 13, 2019

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

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate pages Emily Foiles and Bethany Swift.

Roll Call: All members present except Sens. Curd and Russell 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 twenty-second 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.

COMMUNICATIONS AND PETITIONS

January 24, 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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed William Shorma, Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective January 11, 2019, and shall continue until January 1, 2022.

Sincerely,
Kristi Noem
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1059, 1068, and 1077 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1072 and 1092 and returns the same with the recommendation that said bills 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 HB 1124 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 158 and returns the same with the recommendation that said bill be referred to the Joint Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of M. Gregory DeSautel of Lincoln County, Sioux Falls, South Dakota, to be the Secretary of the Department of Social 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

The President Pro Tem appointed Sen. Klumb to the Senate Judiciary Committee and Sen. Rusch to be the Chairman for Tuesday, February 12^th, the 22^nd legislative day in Senator Russell's absence.

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
SB 122 and 164 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Ed Ligtenberg, to the South Dakota Board of Pardons and Parole 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 Judiciary respectfully reports that it has had under consideration the nomination of Gregg A. Gass, to the South Dakota Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Arthur Rusch, Chair

MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration the nomination of Tim Reisch of Pennington County, Rapid City, South Dakota, to the position of Adjutant General 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 Military and Veterans Affairs respectfully reports that it has had under consideration the nomination of Thomas G. Croymans of Brown County, Aberdeen, South Dakota, as the Assistant Adjutant General, Army and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Stace Nelson, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 77 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 5, of the printed bill, overstrike "for" and insert "that a person may be the candidate for any public office and".

On page 1, line 5, after "States" overstrike "or" and insert ",".

On page 1, line 6, delete everything after "," and insert "director of a water development district, or director of a consumer power district".

On page 1, line 7, delete everything before "." .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 5 and returns the same without recommendation.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 161 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 44 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1071, 1091, 1108, 1128, 1155, 1157, 1196, 1198, 1254, 1259, 1261, and 1264 and HJR 1004 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Petitioning Congress and the President to defend Israel against hostile actions; expressing the strongest support for, and unity with, the people and State of Israel; and strongly condemning the Boycott, Divestment, and Sanctions movement and the increasing incidents of anti-Semitism against Israel and the Jewish people.

Was read the second time.

Sen. Nelson moved that HCR 1005 as found on page 324 of the House Journal be adopted.

The question being on Sen. Nelson's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 22, Nays 10, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Rusch; Solano; Stalzer; Steinhauer; Sutton; Wiik; Youngberg

Nays:
Heinert; Kennedy; Langer; Nesiba; Partridge; Schoenbeck; Smith (VJ); Soholt; White; Wismer

Excused:
Curd; Foster; Russell

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was adopted.

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Greenfield (Brock) announced his intention to reconsider the vote by which SJR 4 lost.

No member moved to reconsider the vote by which SJR 4 was lost.

Sen. Nelson moved that the Senate Committee on Appropriations be instructed to deliver SB 104 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which failed for the lack of a second.

Sen. Langer moved that SJR 2 be placed to precede SB 34 on today's calendar.

Which motion prevailed.

Sen. Langer moved that SB 52 be deferred to Friday, February 22^nd, the 28^th legislative day.

Which motion prevailed.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 12:45 p.m. on Thursday, February 14^th, the 24^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 1073 as found on page 341 of the Senate
Journal; also

Agriculture and Natural Resources on SB 149 as found on page 340 of the Senate
Journal ; also

Commerce and Energy on SB 120 as found on page 342 of the Senate Journal; also

Commerce and Energy on SB 124 as found on page 342 of the Senate Journal; also

Commerce and Energy on SB 95 as found on page 341 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

HB 1091: FOR AN ACT ENTITLED, An Act to provide for the selection of a lieutenant governor by a candidate for governor.

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

HB 1108: FOR AN ACT ENTITLED, An Act to prohibit certain gender dysphoria instruction in public schools.

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

HB 1128: FOR AN ACT ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

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

HB 1155: FOR AN ACT ENTITLED, An Act to provide for certain privileged communications between social workers and students.

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

HB 1157: FOR AN ACT ENTITLED, An Act to revise provisions regarding challenges to candidate nominating petitions.

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

HB 1196: FOR AN ACT ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

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

HB 1198: FOR AN ACT ENTITLED, An Act to define activities that constitute human trafficking.

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

HB 1254: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.

Was read the first time and referred to the Senate Committee on Appropriations

HB 1259: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the first time and referred to the Senate Committee on Appropriations

HB 1261: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the first time and referred to the Senate Committee on Appropriations

HB 1264: FOR AN ACT ENTITLED, An Act to authorize the payment of a self-insured retention on a cyber liability insurance policy from the extraordinary litigation fund, to make an appropriation for the payment of extraordinary litigation expenses, and to declare an emergency.

Was read the first time and referred to the Senate Committee on Appropriations

HJR 1004: A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, providing for wagering on sporting events.

Was read the second time.

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Sen. Maher moved that SJR 2 be amended as follows:

On page 2, line 19, of the printed resolution, after "." insert "The Legislature may authorize by law wagering on sporting events through a simulcast network managed within the city of Deadwood and available at licensed locations throughout the state.".

On page 2, line 20, after "events," insert "wagering on simulcast sporting events,".

Which motion lost.

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

And the roll being called:

Yeas 18, Nays 14, Excused 3, Absent 0

Yeas:
Cronin; DiSanto; Ewing; Foster; Heinert; Jensen (Phil); Kennedy; Langer; Maher; Nesiba; Partridge; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Wismer; Youngberg

Nays:
Blare; Bolin; Cammack; Greenfield (Brock); Klumb; Kolbeck; Monroe; Nelson; Novstrup; Otten (Ernie); Rusch; Steinhauer; Sutton; Wiik

Excused:
Curd; Russell; White

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

SB 34: FOR AN ACT ENTITLED, An Act to make an appropriation for the replacement of the Elm Lake Dam spillway and to declare an emergency.

Was read the second time.

The question being “Shall SB 34 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Russell; White

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

SB 145: FOR AN ACT ENTITLED, An Act to revise provisions regarding the vesting of title to a removal agency.

Was read the second time.

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Sen. Heinert moved that SB 145 be amended as follows:

On page 1, line 9, of the Senate Transportation Committee engrossed bill, after "owner" delete "," and insert "and".

On page 1, line 9, after "holder" delete ", and insurer".

On page 1, line 9, after "title" delete ", the insurer,".

On page 1, line 11, delete ", insurer,".

On page 1, line 13, delete ", insurer,".

Sen. Kennedy requested that Joint Rule 5-17 be invoked on SB 145.

Which request was supported and SB 145 with Sen. Heinert's pending motion to amend was deferred until Tuesday, February 19^th, the 25^th legislative day.

SB 148: FOR AN ACT ENTITLED, An Act to provide for state employee protection from retaliation for certain communications.

Was read the second time.

The question being “Shall SB 148 pass as amended?”

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Blare; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Smith (VJ); Stalzer; Steinhauer; White; Wismer

Nays:
Bolin; Cammack; Cronin; Klumb; Kolbeck; Langer; Partridge; Schoenbeck; Soholt; Solano; Sutton; Wiik; Youngberg

Excused:
Curd; Russell

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

SB 153: FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

Was read the second time.

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Sen. Soholt moved that SB 153 be amended as follows:

On page 1, line 8, of the printed bill, after "." insert "Licenses issued under this Act may authorize the take of no more than ten big game animals annually.".

On page 1, line 11, after "." insert "The department shall provide a report of the licenses issued, revenue generated, and expenditures of such revenue to the Executive Board of the Legislative Research Council by July 1, 2020.".

Which motion prevailed.

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Sen. Maher moved that SB 153 be amended as follows:

On page 1, after line 11 of the printed bill, insert:

The commission shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on agriculture and natural resources and on appropriations regarding the activities authorized by this section. The report shall include a description of the season established, the number of licenses issued, the amount of revenue generated, and the progress of the habitat programs funded under this section.".

Sen. Wiik requested that Joint Rule 5-17 be invoked on SB 153.

Which request was supported and SB 153 with Sen. Maher's pending motion to amend was deferred until Tuesday, February 19^th, the 25^th legislative day.

SB 71: FOR AN ACT ENTITLED, An Act to prohibit capital punishment of any person with severe mental illness.

Was read the second time.

The question being “Shall SB 71 pass?”

And the roll being called:

Yeas 12, Nays 21, Excused 2, Absent 0

Yeas:
Foster; Heinert; Kennedy; Nesiba; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer

Nays:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Stalzer; Sutton; Wiik; Youngberg

Excused:
Curd; Russell

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

SIGNING OF BILLS

The President publicly read the title to

SB 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vote centers and precinct workers.

HB 1064: FOR AN ACT ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

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

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 20 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring and commending the 2018 Tea Area High School Titans Boys Soccer Team and the students and staff involved in the program.

WHEREAS, in 2018, the Tea Area High School Titans Boys Soccer Team claimed back-to-back State Class A High School Soccer Championships by virtue of the members' outstanding character, teamwork, hard work, and dedication to the sport both on and off the field; and

WHEREAS, the program received superior coaching and outstanding leadership from head coach Zach Jurgens and assistant coach Ryan Gallagher; and

WHEREAS, the members of the 2018 State Champion Tea Area High School Soccer Team include: Bryton Schlunsen, Noah McKinney, Wilson Hoffman, Hunter Frankenstein, Mason Ritter, Cade Clayberg, Jack Unruh, Brady Pfeifer, Justin Hohn, Wyatt VanTol, Kade Stearns, Brayden Thompson, Jacob Hyland, Ean Minnaert, Ryan Del Monaco, Joey Headrick, Tanner Meyers, Colby Fechner, Nick Loof, and Tyler Duffy:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors the Tea Area High School Titans Boys Soccer Team for its athletic excellence in the 2018 season.

SC 21 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Commending and honoring the Tea Area High School boys' golf team for their second State A Championship title under the leadership of head coach, Jason Sudenga.

WHEREAS, the Tea Area Titans boys' golf team was exemplary in its unity and the accord of all its players: Keeton Newborg, Eric Munson, Sam Curry, Brock Murphy, Cooper Leslie, and Head Coach Jason Sudenga; and

WHEREAS, the players and coaches showed outstanding character and dedication both on and off the course; and

WHEREAS, the cheerleaders, students, faculty, fans, and community of the Tea Area Titans showed great spirit and sportsmanship to help lead the team to the goal of winning the State A Championship two times within the past three years:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and commends the Tea Area Titans and its coaching staff for their excellent performances in the 2018 season.

SC 22 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring and commending the Lennox Junior Legion baseball team for capturing the 2018 South Dakota State Junior Legion Baseball Title.

WHEREAS, the Lennox Junior Legion team showed exemplary commitment and the accord of all its players: Tanner Miller, Jace Bridges, Ty Spieler, Brandon Fodness, Mace Plucker, Zach Zirpel, Mason Miller, Brendon Hone, Gavin Sanculi, Brock Anderson, Camden Wulf, Brandon Otte, and Peyton Eich; and

WHEREAS, the players and coaches demonstrated outstanding character and dedication both on and off the field; and

WHEREAS, the cheerleaders, students, faculty, fans, and community of Lennox showed great spirit and sportsmanship to help lead the team to the goal of winning the State Championship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and commends the Lennox Junior Legion baseball team and its coaching staff for their excellent performance in the 2018 season.

Sen. Bolin moved that the Senate do now adjourn, which motion prevailed and at 4:33 p.m. the Senate adjourned.

Kay Johnson, Secretary