JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




TWENTY-FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 19, 2019

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

    The prayer was offered by the Chaplain, Rev. Corey Rajek, followed by the Pledge of Allegiance led by Senate page Melody Beaulieu.

    Roll Call: All members present except Sen. Partridge 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 twenty-fourth 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:

    Melody Beaulieu, Taylor Eggert, Adam Forman, Caitlin Kroemer, Abby Moon,
Tori Rasmussen, Grace Trefz, Layne Uecker, Reese Uecker, Katelynn M. Van Dusseldorp, and Avery Weinheimer

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

COMMUNICATIONS AND PETITIONS


February 14, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 14, 2019, I approved Senate Bills 32, 37, and 51, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

February 19, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 19, 2019, I approved Senate Bill 22, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Travis Bies of Custer County, Fairburn, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 171 which was tabled.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
HB 1070 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 98, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

98ya

    On page 1 of the printed bill, delete lines 4 to 11, inclusive.

98yta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "repeal the sunset of a wine manufacturer license.".

    On page 1, delete line 2.

    And that as so amended said bill do pass and be placed on the consent calendar.


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 123 and returns the same with the recommendation that said bill be amended as follows:

123ja

    On page 2 of the printed bill, delete lines 1 to 3, inclusive.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 130 and 186 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 44 was delivered to her Excellency, the Governor, for her approval at 11:20 a.m., February 19, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1172, 1202, and 1066 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk


MOTIONS AND RESOLUTIONS

    SCR 10 Introduced by: Senators Heinert, Foster, Kennedy, and Youngberg and Representative Bordeaux

    A CONCURRENT RESOLUTION, Urging the United States Congress to amend the Dakota Removal Act of 1863.

    WHEREAS, the land located in and around present day Minnesota was inhabited by the Dakota, Anishinaabe, and Ho-Chunk, Winnebago, Native Americans for thousands of years before European discovery of North America, making these lands, lakes, and rivers the indigenous homes of these tribes; and

    WHEREAS, on May 11, 1858, the State of Minnesota was established, and with it, came a myriad of settlers encroaching upon the lands of the Dakota people beginning a tenuous treaty process between the United States and the tribes; and

    WHEREAS, by 1862 treaties had become strained to the point of conflict due to continued settler encroachment, the delay of United States treaty payments and obligations to the Dakota, and the refusal of traders to sell to the tribes, resulting in starvation on the reservations; and

    WHEREAS, faced with starvation and sensing a conflict, tribal leaders led an attack on the New Ulm Settlement, and on other local areas, claiming the lives of over 500 settlers, prompting President Abraham Lincoln to deploy the United States military; and

    WHEREAS, the military intervention ended in an eventual capture of the tribes and their people and prompted the largest mass execution in United States history, when thirty-eight Dakota warriors were executed by hanging pursuant to an executive order from the President of the United States; and

    WHEREAS, in the aftermath, Congress passed a series of acts to deprive the tribes of their lands and to force the tribes out of Minnesota; and

    WHEREAS, the first was the act passed on February 16, 1863, cited at ch. 37, 12 Stat 652, that annulled all of the treaties with the tribes and directed the moneys originally due to these tribes to Minnesota settlers harmed during the conflict; and

    WHEREAS, next the act passed on March 3, 1863, cited at ch. 119, 12 Stat 819, entitled, An Act for the Removal of the Sisseton, Wahpaton, Medawakanton, and Wahpakoota Bands of Sioux or Dakota Indians, and for the disposition of their lands in Minnesota and Dakota, that forced the rebellious Dakota Tribes out of Minnesota and deprived the tribes of their treaty lands; and

    WHEREAS, the descendants of these displaced people are currently members of federally recognized tribes headquartered in North Dakota, South Dakota, and Nebraska; and

    WHEREAS, these acts remain federal law to this day, despite the fact that the terms are



obsolete and the presence of these acts are a continuing offense upon the affected tribes:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature requests that the President and the United States Congress amend the Act of February 21, 1863, ch. 53, 12 Stat 658, and the Act of March 3, 1863, ch. 119, 12 Stat 819, to allow for the return of the applicable tribes to their ancestral homelands, and that these amendments be accomplished in a manner as to not interfere with any of the land that was given to any of the tribes during the passage of these removal acts; and

    BE IT FURTHER RESOLVED, that the South Dakota Legislature further requests that the United States of America issue a formal statement of reconciliation to the Dakota Tribes affected by these acts; and

    BE IT FURTHER RESOLVED, that the secretary of the Senate transmit copies of this resolution to the President of the United States of America, the speaker and clerk of the United States House of Representatives, to the president pro tempore and secretary of the United States Senate, and to the members of the South Dakota, North Dakota, Nebraska, and Minnesota Congressional delegations.

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

    HCR 1006 was read for the first time on February 14, 2019, and today the President Pro Tem has assigned HCR 1006 to the Committee on Education.

    Sen. Langer moved that SB 153 and SJR 5 be deferred to Wednesday, February 20th, the 26th legislative day.

    Which motion prevailed.

    Sen. Langer moved that SB 120 be deferred to Thursday, February 21st, the 27th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on SB 115 as found on page 381 of the Senate Journal; also

    Local Government on SB 65 as found on page 378 of the Senate Journal;also


    Education on SB 188 as found on page 379 of the Senate Journal; also

    Education on SB 96 as found on page 378 of the Senate Journal; also

    Agriculture and Natural Resources on SB 68 as found on page 384 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of David Wheeler of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

    The question being “Does the Senate advise and consent to the executive appointment of David Wheeler pursuant to the executive message as found on page 178 of the Senate Journal?”

    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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

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

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

    HB 1172: FOR AN ACT ENTITLED, An Act to provide for cooperation with federal officials in matters of immigration.


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

    HB 1202: FOR AN ACT ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of
Douglas J. Hajek of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

    The question being “Does the Senate advise and consent to the executive reappointment of Douglas J. Hajek pursuant to the executive message as found on page 260 of the Senate Journal?”

    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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

    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

    HB 1003: FOR AN ACT ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding recommendations for treatment as a condition for probation.


    HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding driving after consuming certain drugs or substances.

    Were read the second time.

    The question being “Shall HB 1003 pass, and HB 1047 and 1049 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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

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

    Was read the second time.

    The question being “Shall SB 77 pass as amended?”

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

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

    Nays:
Kennedy; Nesiba; Wismer; Youngberg


    Excused:
Partridge

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

    Having had its second reading was up for consideration and final passage.

    The question now being on Sen. Heinert's pending motion to amend SB 145 as found on page 370 of the Senate Journal.

    Which motion prevailed.

    The question being “Shall SB 145 pass as amended?”

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

    Yeas:
Blare; Curd; Foster; Heinert; Kennedy; Maher; Monroe; Nesiba; Rusch; Soholt; Solano; Wismer; Youngberg

    Nays:
Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Nelson; Novstrup; Otten (Ernie); Russell; Schoenbeck; Smith (VJ); Stalzer; Steinhauer; Sutton; White; Wiik

    Excused:
Partridge

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

    SB 64: FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

    Was read the second time.

    The question being “Shall SB 64 pass?”


    And the roll being called:

    Yeas 32, Nays 1, 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; Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

    Nays:
Wiik

    Excused:
Partridge; 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 122: FOR AN ACT ENTITLED, An Act to restrict the enactment of policies governing the possession of firearms at public institutions of higher education.

    Was read the second time.

122bb

    Sen. Russell moved that SB 122 be amended as follows:

    On page 1, line 5, of the printed bill, delete "Neither" and insert "Except as otherwise provided in this section, neither".

    On page 1, after line 9, insert:

"

    Nothing in this section precludes the adoption of limitations or restrictions if the limitations or restrictions:

            (1)    Are necessitated by the terms of any federal research grant or other federal contract;

            (2)    Apply to a procedure room in which medical resonance imaging occurs;

            (3)    Pertain to the site of sporting events or other large venues, provided that entry to the event or venue is controlled and further provided that armed security personnel are present; or

            (4)    Pertain to the activities of a roommate in assigned student housing, and each such roommate provides written consent.".
    Which motion lost.

122ba

    Sen. Schoenbeck moved that SB 122 be amended as follows:

    On page 1 of the printed bill, delete line 3.

    Sen. Russell requested a roll call vote.

    Which request was supported.

    The question being on Sen. Schoenbeck's motion that SB 122 be amended.

    And the roll being called:

    Yeas 8, Nays 26, Excused 1, Absent 0

    Yeas:
Heinert; Kennedy; Nesiba; Rusch; Schoenbeck; Smith (VJ); White; Wismer

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

    Excused:
Partridge

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


    Sen. Langer moved the previous question.

    Which motion prevailed.

    The question being “Shall SB 122 pass?”

    And the roll being called:

    Yeas 10, Nays 24, Excused 1, Absent 0


    Yeas:
DiSanto; Greenfield (Brock); Jensen (Phil); Maher; Monroe; Nelson; Otten (Ernie); Russell; Stalzer; Sutton

    Nays:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Foster; Heinert; Kennedy; Klumb; Kolbeck; Langer; Nesiba; Novstrup; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1079: FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

    Was read the second time.

    The question being “Shall HB 1079 pass as amended?”

    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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

    Nays:
Wismer

    Excused:
Partridge

    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 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

    Was read the second time.

    The question being “Shall HB 1029 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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

    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 1073: FOR AN ACT ENTITLED, An Act to revise provisions regarding the killing of certain birds or animals from an aircraft.

    Was read the second time.

    The question being “Shall HB 1073 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; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Partridge

    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.

1073jta

    Sen. Blare moved that the title to HB 1073 be amended as follows:


    On page 1, line 1, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "killing of certain birds" and insert "the locating and spotting of predators or varmints from a drone.".

    On page 1, delete line 2.

    
    Which motion prevailed and the title was so amended.

COMMEMORATIONS

    SC 26 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

        A LEGISLATIVE COMMEMORATION, Honoring and commending David Preheim for being selected as the 2018 Southeast Area Assistant Principal of the Year by the Southeast Area Principals' Group.

    WHEREAS, David Preheim is the Assistant Principal for Tea Area High School District and assists the district as transportation director, intermediate principal, and the coach for the boys' basketball team; and

    WHEREAS, Preheim has dedicated sixteen years of service to the Tea Area School District; and

    WHEREAS, the award for Southeast Area Principals' Group is given to an outstanding principal who exhibits premiere leadership and invests fully into his or her community:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors David Preheim as the 2018 Southeast Area Assistant Principal of the Year.

    SC 27 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

        A LEGISLATIVE COMMEMORATION, Honoring Lennox High School freshman Xavier Larson for receiving a superior award at the state-wide oral interpretation competition.

    WHEREAS, Xavier Larson dedicated tremendous time and effort in preparing and presenting his piece, "It Gets Mighty Cold Round Here"; and

    WHEREAS, Xavier Larson has achieved superior results in the field of oral interpretation; and

    WHEREAS, Larson has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment to the Lennox School District and to his oral interpretation team:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends Xavier Larson on being awarded a superior rating at the state-wide oral interpretation competition.

    SC 28 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

        A LEGISLATIVE COMMEMORATION, Honoring and commending Blake Crosby on being awarded Lennox School District Teacher of the Year.

    WHEREAS, Blake Crosby, a fifth-grade teacher for Lennox School District, has been awarded Lennox School District Teacher of the Year; and

    WHEREAS, Blake Crosby has served in a multitude of roles throughout the years and strives to create classrooms where a student will experience a sense of community, enjoy learning, and feel confident; and

    WHEREAS, Blake Crosby's greatest contribution to the education profession is his love of students and commitment to his work:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors Blake Crosby for his selection as Lennox School District Teacher of the Year.

    Sen. Curd moved that the Senate do now adjourn, which motion prevailed and at 3:47 p.m. the Senate adjourned.

Kay Johnson, Secretary