JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

THIRTY-SEVENTH DAY

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

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Sam Handschke, followed by the Pledge of Allegiance led by Senate page Kennedy Tesch.

Roll Call: All members present except Sens. Curd, Foster, and Schoenbeck who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-sixth 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

March 7, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on March 7, 2019, I approved Senate Bills 18, 34, 36, 100, and 113, 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 Legislative Procedure respectfully reports that SB 4, 16, 54, 59, 61, 66, 74, 91, 126, 149, 153, 173, 174, 175, and 177 were delivered to her Excellency, the Governor, for her approval at 9:30 a.m., March 11, 2019.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 48, 56, 164, 189, and 190 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 15, 118, 136, 137, 146, 167, 176, 179, 181, and 182 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 164, 189, and 190 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 13 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed
Reps. Hunhoff, Diedrich, and Pourier 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 on SB 8.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed
Reps. Pischke, Jensen (Kevin), and Sullivan 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 on SB 123.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed
Reps. Dennert, Brunner, and Ring 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 on SB 128.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Koth, Bordeaux, and Post 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 on SB 178.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 116, 52, and 188 were lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 86 was tabled.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SR 7 Introduced by: Senators Russell, DiSanto, Jensen (Phil), and Nelson

A RESOLUTION, Rebuking Congressman Dusty Johnson for voting against President Trump's emergency measures to secure the Southern border, and urging Senators John Thune and Mike Rounds to support President Trump's constitutional efforts as our military Commander in Chief to do so.

WHEREAS, a state of emergency exists in the United States due to Congress' failing to perform its constitutional duties of securing our borders and defending the nation against the lawless invasion of this country by twelve to twenty-two million illegal aliens; and

WHEREAS, the South Dakota Legislature identified within Senate Concurrent Resolution 4, the mass amount of horrific crimes American citizens are subjected to due to the illegal alien crime wave from which federal law enforcement is desperately attempting to defend the American public; and

WHEREAS, the South Dakota Legislature passed Senate Concurrent Resolution 4 on January 24, urging Congress and the President of the United States immediately to address this emergency by providing for the security of our nation by controlling and securing our national borders with appropriate legislation to fund the construction of steel barriers and border control impediments along with the strengthening of current border control infrastructure; and

WHEREAS, the President of the United States is the Commander in Chief of the nation's military and is constitutionally empowered to direct and order the defenses of the nation; and

WHEREAS, on February 19, the President issued a presidential proclamation officially declaring a national emergency concerning the southern border of the United States, and ordering the nation's military to use monies already appropriated to the Department of Defense, to be specifically used to harden the defenses and security of the southern border; and

WHEREAS, on February 26, Representative Dusty Johnson voted for House Joint Resolution 46 to terminate President Trump's emergency declaration; and

WHEREAS, House Joint Resolution 46 will be heard by the United States Senate; and

WHEREAS, it is the duty and responsibility of the federal government to protect national borders and secure the sovereignty of the United States as well as to enforce immigration and employment laws for the protection of American citizens; and

WHEREAS, the enforcement of existing federal immigration laws, especially those regarding national security, immigration, and employment are necessary for the preservation of the sovereignty of this nation and the well-being of the American people; and

WHEREAS, Congress has been woefully remiss in its duties to protect our national borders and enforce existing federal immigration laws creating a constitutional crisis and national emergency:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature rebukes Representative Dusty Johnson for his betrayal of national interests in opposing President Trump's constitutional authority as the Commander in Chief of the U.S. military; and

BE IT FURTHER RESOLVED, that the Senate urges Senators John Thune and Mike Rounds to oppose House Joint Resolution 46 and support the President of the United States in his efforts to immediately provide for the security of our nation by controlling and securing our national borders, as specifically called for within South Dakota Legislature's Senate Concurrent Resolution 4.

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

SIGNING OF BILLS

The President publicly read the title to

SB 3: FOR AN ACT ENTITLED, An Act to create the Special Education Interim Legislative Committee.

SB 48: FOR AN ACT ENTITLED, An Act to authorize counties on behalf of certain improvement districts to issue convention facility on-sale licenses to sell alcoholic beverages.

SB 56: FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks and to declare an emergency.

SB 164: FOR AN ACT ENTITLED, An Act to establish procedures for the investigation of certain missing and murdered indigenous persons.

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.

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.

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the limitations on indemnification by the state.

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance contribution rates.

HB 1035: FOR AN ACT ENTITLED, An Act to rename the unemployment insurance program to the reemployment assistance program.

HB 1055: FOR AN ACT ENTITLED, An Act to require parental notification and agreement before the institution of an order to withhold resuscitation from certain patients.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process.

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

HB 1189: FOR AN ACT ENTITLED, An Act to provide for a period to cure certain campaign finance violations.

HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding surplus line insurance.

And signed the same in the presence of the Senate.

Sen. Cronin moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 10:15 a.m., the Senate recessed.

RECESS

The Senate reconvened at 11:00 a.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SR 6 which was tabled.

Respectfully submitted,
Bob Ewing, Chair

MOTIONS AND RESOLUTIONS

Sen. White moved that the Senate do concur in House amendments to SB 187.

The question being on Sen. White's motion that the Senate do concur in House amendments to SB 187.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Foster; Schoenbeck

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. Heinert moved that the Senate do concur in House amendments to SB 140.

The question being on Sen. Heinert's motion that the Senate do concur in House amendments to SB 140.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Foster; Schoenbeck

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. Langer moved that the Senate do now recess until 2:30 p.m., which motion prevailed, and at 11:15 a.m., the Senate recessed.

RECESS

The Senate reconvened at 2:30 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 11, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on March 11, 2019, I approved Senate Bills 40, 43, 45, 53, 63, 75, 77, 78, 84, 85, 90, 92, 98, 114, 121, 129, 143, and 163, 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 140 and 187 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 3, 48, 56, 164, 189, and 190 were delivered to her Excellency, the Governor, for her approval at 2:10 p.m.,
March 11, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MOTIONS AND RESOLUTIONS

Sen. Langer moved that consideration of the House amendments to SB 167 be deferred to Tuesday, March 12^th, the 38^th legislative day.

Which motion prevailed.

Sen. Soholt moved that the Senate do concur in House amendments to SB 136.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 136.

And the roll being called:

Yeas 29, Nays 1, Excused 5, Absent 0

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

Nays:
Nelson

Excused:
Curd; Foster; Heinert; Partridge; Schoenbeck

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. Soholt moved that the Senate do concur in House amendments to SB 137.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 137.

And the roll being called:

Yeas 29, Nays 1, Excused 5, Absent 0

Nays:
Nelson

Excused:
Curd; Foster; Heinert; Partridge; Schoenbeck

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. Stalzer moved that the Senate do concur in House amendments to SB 15.

The question being on Sen. Stalzer's motion that the Senate do concur in House amendments to SB 15.

And the roll being called:

Yeas 22, Nays 9, Excused 4, Absent 0

Yeas:
Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Langer; Maher; Monroe; Novstrup; Partridge; Rusch; Russell; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Blare; Bolin; Kennedy; Kolbeck; Nelson; Nesiba; Otten (Ernie); Smith (VJ); Soholt

Excused:
Curd; Foster; Heinert; Schoenbeck

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. Soholt moved that the Senate do concur in House amendments to SB 118.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 118.

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Jensen (Phil); Nelson; Russell

Excused:
Curd; Foster; Schoenbeck

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. Heinert moved that the Senate do not concur in House amendments to SB 146 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. Solano, Blare, and Heinert.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 12^th, the 38^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title 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.

SB 187: FOR AN ACT ENTITLED, An Act to define electric bicycles and to provide for the regulation of electric bicycles.

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

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

HB 1110: FOR AN ACT ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.

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

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

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.

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.

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.

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.

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.

And signed the same in the presence of the Senate.

Sen. Langer moved that the Senate do now recess until 4:15 p.m., which motion prevailed and at 3:02 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:15 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 15, 118, 136, and 137 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

Cc128a

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 128 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 128 be amended as follows:

128yb

On page 1, line 5, of the House engrossed bill, delete "two dollars ($2)" and insert "three hundred sixty thousand dollars ($360,000)".

Respectfully submitted,    Respectfully submitted,
Ryan Maher            Drew Dennert
Senate Committee Chair    House Committee Chair

Cc1171A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1171 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1171 be amended as follows:

1171ca

On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Respectfully submitted,    Respectfully submitted,
Joshua Klumb            Sue Peterson
Senate Committee Chair    House Committee Chair

Cc123a

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 123 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 123 be amended as follows:

123ba

On page 1, line 11, of the House engrossed bill, delete "provided" and insert "has been requested to provide".

And that the Senate and the House do concur with the bill as amended.

Respectfully submitted,    Respectfully submitted,
Lance Russell            Tom Pischke
Senate Committee Chair    House Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1099, 1186, and 1191.

Respectfully,
Sandra J. Zinter, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 15: FOR AN ACT ENTITLED, An Act to define solar energy facilities, establish certain provisions regarding solar energy permits, and revise the procedures by which the Public Utilities Commission processes facility permits.

SB 118: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding advance care planning.

SB 136: FOR AN ACT ENTITLED, An Act to provide for the utilization of telehealth by a health care professional.

SB 137: FOR AN ACT ENTITLED, An Act to provide for the payment of claims for covered services provided by a health care professional via telehealth.

HB 1191: FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

And signed the same in the presence of the Senate.

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 appointed
Reps. Livermont, Pourier, and Rasmussen 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 on SB 146.

Respectfully,
Sandra J. Zinter, Chief Clerk

Sen. Smith (VJ) moved that the Senate do now adjourn, which motion prevailed and at 5:05 p.m. the Senate adjourned.

Kay Johnson, Secretary