JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 11, 2019

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

The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by Senate page Jade Evans.

Roll Call: All members present except Sen. Langer 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 twentieth 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

February 8, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on February 8, 2019, I approved Senate Bills 12, 23, 30, and 31, 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 Local Government respectfully reports that it has had under consideration SB 163 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 Local Government respectfully reports that it has had under consideration SB 162 and 170 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lynne DiSanto, Vice Chair

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1054 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 9, of the printed bill, after "sent" insert "to the owner, lien holder, and insurer" and after "title" insert ", the insurer,".

On page 1, line 10, overstrike everything after "." and insert "The record holder of title, insurer, or lien holder shall notify the department in".

On page 1, line 12, after "title" insert ", insurer, or lien holder".

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On page 1, line 8, of the printed bill, delete "officer" and insert "agency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 168 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
SB 112 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 4 and SB 114 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 148 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 7, of the printed bill, after "because the employee" insert ", during the employee's off-duty hours,".

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
SB 166 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 157 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 Senate has, pursuant to the Governor's veto of SB 14, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 2:10 p.m., February 8, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1056, 1061, 1063, and 1215 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1024.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 6: 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.

Was read the second time.

Sen. Rusch moved that SCR 6 as found on page 151 of the Senate Journal be adopted.

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Sen. Rusch moved that SCR 6 be amended as follows:

On page 1, line 13, of the printed resolution, delete "agriculture" and insert "agricultural".

Which motion prevailed.

The question being “Shall SCR 6 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR6 was adopted as amended.

The question being on the title.

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Sen. Rusch moved that the title to SCR 6 be amended as follows:

On page 1 of the printed resolution, delete line 2, and insert "agricultural exports a priority and protect agricultural products from all current and future tariffs.".

Which motion prevailed and the title was so amended.

SR 2: A RESOLUTION, Recognizing the impact of Alzheimer's Disease and related dementias on persons living with these conditions, caregivers, and the State of South Dakota.

Was read the second time.

Sen. Soholt moved that SR 2 as found on page 316 of the Senate Journal be adopted.

The question being on Sen. Soholt's motion that SR 2 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SR 2 was adopted.

Sen. Rusch moved that the Committee on Judiciary be instructed to deliver SB 71 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Bolin moved that SJR 2 be deferred to Tuesday, February 12^th, the 22^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 126 as found on page 312 of the Senate Journal; also

State Affairs on SB 8 as found on page 313 of the Senate Journal; also

Health and Human Services on SB 70 as found on page 310 of the Senate Journal; also

Transportation on SB 93 as found on page 311 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1056: FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

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

HB 1061: FOR AN ACT ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

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

HB 1063: FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

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

HB 1215: FOR AN ACT ENTITLED, An Act to revise provisions regarding the posting of county and municipality ordinances.

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

HB 1088 was read on February 7, 2019, and today the President Pro Tem referred this bill to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 85: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

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.

Were read the second time.

The question being “Shall SB 85 and HB 1064, 1098, and 1121 pass and HB 1027 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

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 143: FOR AN ACT ENTITLED, An Act to revise visitation rights of a person causing conception by rape or incest.

Was read the second time.

The question being “Shall SB 143 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

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 86: FOR AN ACT ENTITLED, An Act to provide for calculations of sales tax revenues from sellers located outside of the state.

Was read the second time.

The question being “Shall SB 86 pass?”

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

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

Excused:
Langer

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. Bolin moved that SB 117 be deferred to Wednesday, February 13^th, the 23^rd legislative day.

Which motion prevailed.

SB 103: FOR AN ACT ENTITLED, An Act to provide for an annual transfer of certain unobligated state general funds into the local bridge improvement grant fund.

Was read the second time.

The question being “Shall SB 103 pass as amended?”

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Blare; Ewing; Heinert; Kennedy; Maher; Monroe; Nelson; Novstrup; Russell; Schoenbeck; Smith (VJ); Steinhauer; Sutton; Wismer

Nays:
Bolin; Cammack; Cronin; Curd; DiSanto; Foster; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Nesiba; Otten (Ernie); Partridge; Rusch; Soholt; Solano; Stalzer; White; Wiik; Youngberg

Excused:
Langer

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

Sen. Nesiba requested a fiscal note on SB 117.

Which request was supported.

Sen. Cronin requested a fiscal note on SB 67.

Which request was supported.

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

Was read the second time.

The question being “Shall SB 4 pass as amended?”

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Cronin; Soholt

Excused:
Greenfield (Brock); Langer

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 140: FOR AN ACT ENTITLED, An Act to provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

Was read the second time.

The question being “Shall SB 140 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Langer

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 146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

Was read the second time.

The question being “Shall SB 146 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Nelson

Excused:
Langer

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. Bolin moved that the balance of the calendar including HB 1039 and 1057 be deferred to Tuesday, February 12^th, the 22^nd legislative day.

Which motion prevailed.

Sen. Youngberg objected to the approval of SC 15 pursuant to Joint Rule 6H-4.

The President announced that SC 15 was disapproved.

SIGNING OF BILLS

The President publicly read the title to

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

HB 1010: FOR AN ACT ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state building committees for capital improvement projects.

HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice given to county commissioners for special sessions.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 16 Introduced by: Senators Wismer, Foster, Heinert, Kennedy, Nesiba, and Soholt and Representatives McCleerey, Saba, and Smith (Jamie)

A LEGISLATIVE COMMEMORATION, Honoring the life of John Knebel.

WHEREAS, John Paul Knebel lived a full and joyful, albeit shortened, life of over fifty years; and

WHEREAS, John grew up in Marshall County, South Dakota, on the family ranch that has been in existence for one hundred forty years and graduated from Roslyn High School in 1986; and

WHEREAS, John's passions in life were ranching and cooking, and he knew everything there was to know about raising cattle and donkeys. There was always something magical about a meal he prepared; and

WHEREAS, John enjoyed serving his community, whether that was on the soil conservation board, PAS board, weed board, the Eden Fire Department, or in the United States Marine Corps; and

WHEREAS, John never thought of anyone as a stranger, rather just someone he had not met yet; and

WHEREAS, John was a dedicated rancher who exhibited what it means to be a South Dakotan, whose calm demeanor and kindness spoke volumes to those who knew him:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that John Knebel be recognized for a life lived knowing the value of friendship, public service, and a strong work ethic.

Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at
3:59 p.m. the Senate adjourned.

Kay Johnson, Secretary