JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

THIRTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 7, 2019

The Senate convened at 10:00 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 page Matthias Olsen.

Roll Call: All members present except Sen. Foster who was 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 thirty-fifth 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 16, 59, 66, 91, and 126 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1, 55, 64, 68, 70, 72, 73, 96, 99, 115, 124, and 155 were delivered to her Excellency, the Governor, for her approval at 9:15 a.m., March 7, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 140 and 187 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 4, 66, 91, and 126 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SJR 2 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1022 and 1094.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SR 6 Introduced by: Senator Nelson

A RESOLUTION, Supporting and encouraging all efforts, public and private, to enjoin the implementation of any regulation that impermissibly and unconstitutionally defines a machine gun to include a bump-stock-type device.

WHEREAS, on December 26, 2018, the Department of Justice amended the regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives to provide that a machine gun includes a bump-stock-type device; and

WHEREAS, in the eighty-four years since passage of the National Firearms Act, the Bureau of Alcohol, Tobacco, Firearms and Explosives has never seen the need to enact regulations further expounding on the statutory meaning of the term machine gun, until now; and

WHEREAS, numerous times in the intervening years, the Bureau of Alcohol, Tobacco, Firearms and Explosives has been asked to determine whether various bump-stock-type devices constitute machine guns under federal law and has consistently acknowledged that such devices, which have no automatically functioning mechanical parts or springs and perform no automatic mechanical function when installed, are not machine guns under federal law; and

WHEREAS, in response to political pressure after the Las Vegas shooting on October 1, 2017, President Trump ordered that the Bureau of Alcohol, Tobacco, Firearms and Explosives reclassify bump-stock-type devices as machine guns through regulation, despite the clarity of federal law and the Bureau's consistent legal conclusions to the contrary; and

WHEREAS, the regulation requires that any person, including an individual, retailer, wholesaler, and manufacturer, who owns a bump-stock-type device must, prior to the implementation date of the rule, destroy the device or provide for its destruction, without compensation; and

WHEREAS, the regulation makes no exception for any person who legally and legitimately acquired a bump-stock-type device prior to the effective date of the regulation; and

WHEREAS, by defining bump-stock-type devices as machine guns, the regulations are nothing short of a veiled attempt by the federal government to infringe upon the constitutional rights of law-abiding citizens to keep and bear arms; and

WHEREAS, by defining bump-stock-type devices as machine guns, the regulations are arbitrary and capricious, contrary to law, an obfuscation of the manner in which bump stocks operate, and reach an irrational determination, unsupportable in either law or fact; and

WHEREAS, by defining bump-stock-type devices as machine guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives is entrapping citizens who have simply purchased a federally approved firearm accessory; and

WHEREAS, by defining bump-stock-type devices as machine guns and requiring law abiding citizens to surrender their privately held and legally acquired property, without just compensation, the Bureau of Alcohol, Tobacco, Firearms and Explosives is in direct violation of the constitutional takings clause; and

WHEREAS, by defining bump-stock-type devices as machine guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives is engaging in a regulatory activity that falls outside of any constitutionally enumerated or permissible power:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the Senate, for all the reasons stated above, supports and encourages all efforts, public and private, to enjoin the implementation of any regulation that impermissibly and unconstitutionally defines a machine gun to include a bump-stock-type device.

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

Sen. Langer moved that consideration of HCR 1007 and SB 128, 123, 8, 3, 48, 178, and 56 be placed to follow HB1212 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1087 as found on page 625 of the Senate Journal; also

State Affairs on HB 1265 as found on page 627 of the Senate Journal; also

State Affairs on HJR 1001 as found on page 624 of the Senate Journal; also

Health and Human Services on HB 1209 as found on page 629 of the Senate Journal; also

Senate Committee on Appropriations on HB 1229 as found on page 622 of the Senate Journal; also

Judiciary on HB 1195 as found on page 623 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Nelson requested that HB 1177 be removed from the Consent Calendar.

HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.

HB 1146: FOR AN ACT ENTITLED, An Act to revise provisions related to unclaimed property.

Were read the second time.

The question being “Shall HB 1090 pass as amended and 1146 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; 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

Excused:
Foster

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 189: FOR AN ACT ENTITLED, An Act to establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency.

Was read the second time.

189ka

Sen. Heinert moved that SB 189 be amended as follows:

On page 3, after line 20 of the printed bill, insert:

" Section 7. If a court finds any part of this Act unconstitutional, the court may order any legislator who voted affirmatively for this Act to pay part or all of the opposing party's expenses incurred in litigation for this matter, including reasonable attorney's fees.".

Sen. Bolin moved that Sen. Heinert's motion to amend SB 189 be laid on the table.

Which motion prevailed.

The question being “Shall SB 189 pass?”

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Heinert; Kennedy; Nesiba; Wismer

Excused:
Foster

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 190: FOR AN ACT ENTITLED, An Act to promote pipeline construction and fiscal responsibility by establishing a fund, to authorize a special fee for extraordinary expenses, to make a continuous appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall SB 190 pass?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Nays:
Heinert; Kennedy; Nesiba

Excused:
Foster

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.

SIGNING OF BILLS

The President publicly read the title to

SB 4: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the classification of agricultural land for property tax purposes.

SB 16: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

SB 66: FOR AN ACT ENTITLED, An Act to establish an interim legislative committee to study issues related to electric services in an annexed area.

SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding open meeting requirements.

SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the common language of the state and to recognize the official indigenous language of the state.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the attorney recruitment assistance program.

HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to petition challenges.

HB 1111: FOR AN ACT ENTITLED, An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.

HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and storage of sexual assault kit evidence.

HB 1201: FOR AN ACT ENTITLED, An Act to revise provisions regarding group pheasant hunts for disabled veterans.

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain sales of goods and services by minors from the sales tax.

HB 1216: FOR AN ACT ENTITLED, An Act to increase certain civil penalties for fleeing from police.

And signed the same in the presence of the Senate.

Sen. Langer moved that the Senate do now recess until 12:30 p.m., which motion prevailed and at 11:10 p.m., the Senate recessed.

RECESS

The Senate reconvened at 12:30 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Langer moved that HB 1195, 1229, 1087, and 1212 be placed to follow SB 56 on today's calendar.

Which motion prevailed.

Sen. Langer moved that HB 1190 be placed to follow HB1177 on today's calendar.

Which motion prevailed.

Sen. Nelson moved that JR 17-G be suspended for the sole purpose of introducing and placing on Monday's calendar Senate commemorations.

The question being on Sen. Nelson's motion that the rules be suspended for the sole purpose of introducing and placing on Monday's calendar Senate commemorations.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried, the rules were suspended, and the commemorations were so placed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1084: FOR AN ACT ENTITLED, An Act to provide for specific classification of affordable housing structures for purposes of taxation.

Was read the second time.

The question being “Shall HB 1084 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

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.

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.

Was read the second time.

The question being “Shall HJR 1001 pass as amended?”

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Maher; Monroe; Nelson; Nesiba; Novstrup; Russell; Stalzer; Sutton; Wismer; Youngberg

Nays:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Klumb; Kolbeck; Langer; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wiik

Excused:
Foster

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

HB 1265: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain tax rates.

Was read the second time.

The question being “Shall HB 1265 pass as amended?”

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
DiSanto; Jensen (Phil); Nelson; Russell

Excused:
Foster

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 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vapor products.

Was read the second time.

The question being “Shall HB 1209 pass as amended?”

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Heinert; Kennedy; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer; Youngberg

Nays:
DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Russell; Stalzer; Sutton; Wiik

Excused:
Foster

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 1187: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1187 pass as amended?”

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Nelson; Otten (Ernie)

Excused:
Cronin; Foster

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 1251: FOR AN ACT ENTITLED, An Act to license out-of-state multi-jurisdictional totalizator hubs and distribute source market fees to the special racing revolving fund and the South Dakota-bred racing fund.

Was read the second time.

The question being “Shall HB 1251 pass as amended?”

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Cronin; Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Maher; Monroe; Nesiba; Smith (VJ); Solano; Wismer; Youngberg

Nays:
Blare; Bolin; Cammack; Ewing; Kolbeck; Langer; Nelson; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Soholt; Stalzer; Steinhauer; Sutton; White; Wiik

Excused:
Foster

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

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 second time.

The question being “Shall HB 1259 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

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 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 second time.

The question being “Shall HB 1261 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

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 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 second time.

The question being “Shall HB 1254 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

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 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 second time.

The question being “Shall HB 1264 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; 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

Excused:
Cronin; Foster

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 1256: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1256 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Foster

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 1066: FOR AN ACT ENTITLED, An Act to require students to take a civics test before graduating from high school.

Was read the second time.

1066cf

Sen. Steinhauer moved that HB 1066 be amended as follows:

On page 1, of the Senate Education Committee engrossed bill, delete lines 5 to 11, inclusive and insert "

Each student enrolled in a school district or state-accredited nonpublic school shall complete a civics test to demonstrate knowledge and understanding of the fundamentals of the history, principles, and form of the United States government before graduating from high school. A student may take the test at any time after enrolling in grade nine.".

Sen. Maher requested a roll call vote.

Which request was supported.

The question being on Sen. Steinhauer's motion that HB 1066 be amended.

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Monroe; Nelson; Novstrup; Rusch; Russell; Solano; Steinhauer; Sutton; Wiik

Nays:
Cronin; Curd; Ewing; Heinert; Kennedy; Maher; Nesiba; Otten (Ernie); Partridge; Schoenbeck; Smith (VJ); Soholt; Stalzer; White; Wismer; Youngberg

Excused:
Foster

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

The question being “Shall HB 1066 pass as amended?”

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Bolin; Cammack; DiSanto; Jensen (Phil); Kolbeck; Langer; Monroe; Nelson; Russell; Solano; Steinhauer; Sutton; Wiik

Nays:
Blare; Cronin; Curd; Ewing; Greenfield (Brock); Heinert; Kennedy; Klumb; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Stalzer; White; Wismer; Youngberg

Excused:
Foster

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

HB 1177: FOR AN ACT ENTITLED, An Act to revise provisions regarding the performance of a sonogram prior to an abortion.

Was read the second time.

The question being “Shall HB 1177 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Wismer

Excused:
Foster

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

The question being on the title.

1177bts

Sen. Nelson moved that the title to HB 1177 be amended as follows:

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "providing an opportunity to view a sonogram and hear the child's heartbeat".

On page 1, line 2, delete "sonogram".

Which motion prevailed and the title was so amended.

HB 1190: FOR AN ACT ENTITLED, An Act to provide for certain reporting requirements related to abortions.

Was read the second time.

The question being “Shall HB 1190 pass as amended?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Heinert; Nesiba; Wismer

Excused:
Foster

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. 8.

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Expressing and encouraging support for voluntary country-of-origin labels.

Was read the second time.

Sen. Russell moved that HCR 1007 as found on page 482 of the Senate Journal be adopted.

Sen. Nelson moved that HCR 1007 be laid on the table.

The question being on Sen. Nelson's motion that HCR 1007 be laid on the table.

And the roll being called:

Yeas 16, Nays 16, Excused 3, Absent 0

Yeas:
Bolin; Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Maher; Nelson; Nesiba; Russell; Schoenbeck; Stalzer; Sutton; Wiik; Wismer

Nays:
Blare; Cammack; Ewing; Klumb; Kolbeck; Langer; Monroe; Novstrup; Otten (Ernie); Rusch; Smith (VJ); Soholt; Solano; Steinhauer; White; Youngberg

Excused:
Cronin; Foster; Partridge

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. Russell's motion that HCR 1007 be adopted.

And the roll being called:

Yeas 8, Nays 25, Excused 2, Absent 0

Yeas:
Cammack; Kennedy; Klumb; Langer; Monroe; Soholt; Solano; Youngberg

Nays:
Blare; Bolin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen (Phil); Kolbeck; Maher; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Stalzer; Steinhauer; Sutton; White; Wiik; Wismer

Excused:
Cronin; Foster

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

Sen. Monroe moved that the Senate do not concur in House amendments to SB 128 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Maher, Heinert, and DiSanto.

Sen. Russell moved that the Senate do not concur in House amendments to SB 123 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Russell, Nesiba, and Stalzer.

Sen. Stalzer moved that the Senate do not concur in House amendments to SB 8 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Stalzer, Wismer, and Partridge.

Sen. Bolin moved that the Senate do concur in House amendments to SB 3.

The question being on Sen. Bolin's motion that the Senate do concur in House amendments to SB 3.

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Nelson; Russell

Excused:
Cronin; Foster

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. Bolin moved that the Senate do concur in House amendments to SB 48.

The question being on Sen. Bolin's motion that the Senate do concur in House amendments to SB 48.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Foster

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. Wiik moved that the Senate do not concur in House amendments to SB 178 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Cronin, Ewing, and Nesiba.

Sen. Greenfield (Brock) moved that the Senate do concur in House amendments to SB 56.

The question being on Sen. Greenfield (Brock)'s motion that the Senate do concur in House amendments to SB 56.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Foster

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 amendments were concurred in.

Sen. Langer moved that the Senate do now recess until 3:30 p.m, which motion prevailed and at 2:51 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:30 p.m., the President presiding.

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 failed to concur in Senate amendments to HB 1171 and has appointed Reps. Peterson (Sue), Zikmund, and Lesmeister as a 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.

Respectfully,
Sandra J. Zinter, Chief Clerk

The President Pro Tempore has appointed Sens. Klumb, Wiik, and Nesiba as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1171.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1195: FOR AN ACT ENTITLED, An Act to revise provisions regarding juvenile justice.

Was read the second time.

The question being “Shall HB 1195 pass as amended?”

And the roll being called:

Yeas 10, Nays 23, Excused 2, Absent 0

Yeas:
Ewing; Greenfield (Brock); Maher; Nelson; Novstrup; Russell; Smith (VJ); Steinhauer; White; Wismer

Nays:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Heinert; Jensen (Phil); Kennedy; Kolbeck; Langer; Monroe; Nesiba; Otten (Ernie); Partridge; Rusch; Schoenbeck; Soholt; Solano; Stalzer; Sutton; Wiik; Youngberg

Excused:
Foster; Klumb

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

Sen. Langer moved that HB 1087 be placed to precede HB 1229 on today's calendar.

Which motion prevailed.

HB 1087: FOR AN ACT ENTITLED, An Act to promote intellectual diversity at certain institutions of higher education.

Was read the second time.

The question being “Shall HB 1087 pass as amended?”

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

Yeas:
Bolin; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

Nays:
Blare; Cammack; Curd; Heinert; Kennedy; Nesiba; Wismer

Excused:
Foster; Klumb

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

The question being on the title.

1087btb

Sen. Stalzer moved that the title to HB 1087 be amended as follows:

On page 1, line 1, of the House engrossed bill, after "promote" insert "free speech and".

Which motion prevailed and the title was so amended.

HB 1229: FOR AN ACT ENTITLED, An Act to require optional services through Medicaid to be authorized through special appropriation.

Was read the second time.

Sen. Wiik moved that HB 1229 be laid on the table.

The question being on Sen. Wiik's motion that HB 1229 be laid on the table.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Foster; Klumb

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

HB 1212: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the industrial hemp licensure program and to declare an emergency.

Was read the second time.

Sen. Wiik moved that HB 1212 be laid on the table.

The question being on Sen. Wiik's motion that HB 1212 be laid on the table.

And the roll being called:

Yeas 25, Nays 7, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Kennedy; Kolbeck; Langer; Nelson; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Heinert; Maher; Monroe; Nesiba; Russell; Schoenbeck; Steinhauer

Excused:
DiSanto; Foster; Klumb

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

Sen. Langer moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 11^th, the 37^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 39 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Randolph, Borglum, Diedrich, Finck, Frye-Mueller, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Technical Sergeant Michelle Eosso for being selected as Honor Guard Program Manager of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Technical Sergeant Michelle Eosso hosted a two hundred forty hour formal training course for thirty-nine Airmen; and

WHEREAS, her efficient and tenacious training led to one hundred percent qualification; and

WHEREAS, providing this training improved the effectiveness of the 28th Bomb Wing mission - to provide airpower anytime and anywhere:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Technical Sergeant Michelle Eosso for being selected as Honor Guard Program Manager of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 40 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Frye-Mueller, Borglum, Diedrich, Finck, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Captain Frank Mercurio on being selected as Company Grade Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Captain Frank Mercurio authored the 34th Bomb Squadron's B-1 weapons delivery training plan, which enabled the first combat use of the Joint Air-to-Surface Standoff Missile within six days of the start of a deployment; and

WHEREAS, the leadership of Captain Mercurio exemplifies the Air Force core values of excellence, service, and sacrifice, fostering the success of his troops and bolstering the effectiveness of the 28th Bomb Wing mission - to provide airpower anytime, anywhere; and

WHEREAS, Captain Frank Mercurio's distinctive accomplishments reflect credit upon himself, the United States Air Force, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Captain Frank Mercurio on being selected Company Grade Officer of the Year of the 28th Bomb Wing.

SC 41 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Langer, Maher, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Goodwin, Borglum, Diedrich, Finck, Frye-Mueller, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Senior Airman Benjamin Broussard on being selected Airman of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Senior Airman Benjamin Broussard led missile systems analysis and served as a targeting analyst, instructing two squadrons on enemy tactics; and

WHEREAS, this flawless execution of instruction bolstered the effectiveness of the 28th Bomb Wing mission to provide airpower anytime, anywhere; and

WHEREAS, Senior Airman Broussard's distinctive accomplishments reflect credit upon himself, the United States Air Force, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Senior Airman Benjamin Broussard on being selected Airman of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 42 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Langer, Maher, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Randolph, Borglum, Diedrich, Finck, Frye-Mueller, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Senior Master Sergeant Andrea Scheving on being selected Senior Noncommissioned Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Senior Master Sergeant Andrea Scheving fueled Air Force Global Strike Command's number one Air Traffic Control training program and drove the wing's airfield safety initiative; and

WHEREAS, Senior Master Sergeant Scheving's excellence, leadership, and dedication in implementing these programs bolstered the effectiveness of the 28th Bomb Wing mission to provide airpower anytime, anywhere; and

WHEREAS, Senior Master Sergeant Scheving's distinctive accomplishments reflect credit upon herself, the United States Air Force, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Senior Master Sergeant Andrea Scheving on being selected Senior Noncommissioned Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 43 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Goodwin, Borglum, Diedrich, Finck, Frye-Mueller, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Senior Airman Dyllon Schwartz for being selected as the Honor Guard Member of the Year.

WHEREAS, Senior Airman Dyllon Schwartz organized a joint branch Color Guard and trained three United States Army and Marine Corps members; and

WHEREAS, this remarkable training was fulfilled in sixteen hours, honored twelve wounded warriors, and had an outstanding attendance of over ten thousand people; and

WHEREAS, this exceptional work fuels the effectiveness of the 28th Bomb Wing Mission to provide airpower anytime, anywhere:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Senior Airman Dyllon Schwartz for being selected as the Honor Guard Member of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 44 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Goodwin, Borglum, Diedrich, Finck, Frye-Mueller, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Master Sergeant Toni Dominguez on being selected First Sergeant of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Master Sergeant Toni Dominguez was selected as First Sergeant of the Year and fueled Tyndall Air Force Base's hurricane relief efforts by leading a thirteen-member team of Airmen that delivered two hundred pounds of supplies, thereby enhancing the welfare of over two thousand Airmen; and

WHEREAS, Master Sergeant Dominguez's integral leadership in the disaster efforts improved the moral of many Airmen and improved the effectiveness of the 28th Bomb Wing mission to provide airpower anytime, anywhere; and

WHEREAS, Master Sergeant Dominguez's distinctive accomplishments reflect credit upon the United States Air Force and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Master Sergeant Toni Dominguez on being selected First Sergeant of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 45 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Marty, Borglum, Diedrich, Finck, Frye-Mueller, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Staff Sergeant Anthony Morgan on being selected Noncommissioned Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Staff Sergeant Anthony Morgan led Air Traffic Control efforts for the B-1 flyover during the annual Sturgis Rally; and

WHEREAS, the unwavering service of Staff Sergeant Morgan provided safety, security, and peace of mind for all flights supporting the Sturgis Rally; and

WHEREAS, Staff Sergeant Morgan's accomplishments reflect credit upon himself, the United States Air Force, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Staff Sergeant Anthony Morgan on being selected Noncommissioned Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 46 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Frye-Mueller, Borglum, Diedrich, Finck, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Major Scott Howe on being selected as Field Grade Officer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Major Scott Howe led sixty-six airmen through five storms and restored an airfield worth over one billion dollars; and

WHEREAS, Major Howe's detailed dedication to excellence fuels the effectiveness of the 28th Bomb Wing mission to provide airpower anytime, anywhere; and

WHEREAS, Major Howe's distinctive accomplishments reflect credit upon himself, the United States Air Force, and the State of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Major Scott Howe on being selected as Field Grade Officer of the Year of the 28th Bomb Wing of the 28th Bomb Wing.

SC 47 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Langer, Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Randolph, Borglum, Diedrich, Finck, Frye-Mueller, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and commending Staff Sergeant Janay Jones on being selected as Military Volunteer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

WHEREAS, Staff Sergeant Janay Jones guided a buddy check program; and

WHEREAS, she chaired an incredible four-hour fundraising event to raise mental health awareness; and

WHEREAS, this event secured over one thousand dollars for one hundred twenty-six Airmen; and

WHEREAS, her dedication and volunteered time fuels effectiveness of the 28th Bomb Wing to provide airpower anytime, anywhere;

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends Staff Sergeant Janay Jones on being selected as Military Volunteer of the Year of the 28th Bomb Wing at Ellsworth Air Force Base.

SC 48 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Heinert, Jensen (Phil), Partridge, Russell, Smith (VJ), Solano, Stalzer, Steinhauer, and Sutton and Representatives Borglum, Diedrich, Finck, Frye-Mueller, Goodwin, Gross, Howard, Jensen (Kevin), Johnson (Chris), Johnson (David), Koth, Lesmeister, Marty, McCleerey, Mulally, Peterson (Sue), Pourier, Randolph, Ring, and Zikmund

A LEGISLATIVE COMMEMORATION, Celebrating the accomplishments and hard work of the annual award winners of the 28th Bomb Wing at Ellsworth Air Force Base

WHEREAS, John Hopple was selected as Civilian Volunteer of the Year and organized a two-day state trappers convention raising eleven thousand dollars for twelve association, youth, and educational programs; and

WHEREAS, Mounika Sessions was selected as Spouse of the Year and organized meals for the fiance, family, and friends of a squadron member who had passed away; and

WHEREAS, Officer Robert Ryback was selected as Civilian Category One of the Year and was called to two major vehicle collisions and reconstructed the scenarios, which resulted in both cases being resolved; and

WHEREAS, Barry Hayes was selected as Civilian Category Two of the Year and served as the Mental Health program manager where he conducted fourteen suicidal ideation triages and tracked seventy-eight men, two thousand visits, and forty-five hospitalizations, which prevented suicides and reduced critical care; and

WHEREAS, David Garrett created the 28th Bomb Wing B-1 Flying Hour Program, enabling the execution of three thousand four hundred fifty-eight flight hours and seven hundred ninety-nine training flights, and contributed to the first combat use of the Joint Air-to-Surface Standoff Missile:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that these exceptional airmen and family members be recognized for their outstanding service in support of the 28th Bomb Wing mission of providing airpower - anytime, anywhere.

Sen. Cammack moved that the Senate do now adjourn, which motion prevailed and at
4:55 p.m. the Senate adjourned.

Kay Johnson, Secretary