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.
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.
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.
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.
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.
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.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 171 which was tabled.
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.
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:
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:
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.
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.
I have the honor to transmit herewith HB 1172, 1202, and 1066 which have passed the
House and your favorable consideration is respectfully requested.
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
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.
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 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.
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.
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.
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.
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.
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.
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.
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
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?
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.
"
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
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.
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.
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.
SC 26 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives
Otten (Herman), Latterell, and Qualm
SC 27 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives
Otten (Herman), Latterell, and Qualm
SC 28 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives
Otten (Herman), Latterell, and Qualm
Sen. Curd moved that the Senate do now adjourn, which motion prevailed and at 3:47 p.m.
the Senate adjourned.