JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 27, 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 Avery Weinheimer.

Roll Call: All members present except Sen. Solano 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 thirtieth 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 Taxation respectfully reports that it has had under consideration
HB 1204 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1080 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 Taxation respectfully reports that it has had under consideration
HB 1118 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1122 and 1176 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "or injury".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1094 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 8, of the House State Affairs Committee engrossed bill, delete everything after "shall" and insert "certify".

On page 3, line 9, delete everything before "age" and insert "the circulator's name, that the circulator is at least eighteen years of".

On page 3, line 13, delete "affidavit" and insert "certification".

On page 3, line 15, delete "affidavit" and insert "certification".

On page 3, between lines 18 and 19, insert:

An application submitted under this section may be filed by electronic transmission in accordance with methods approved by the secretary of state. To be timely filed, any application received by electronic transmission shall be legible when received by the means it was delivered.".

On page 4, line 1, delete "sworn affidavit" and insert "application".

On page 4, line 2, delete "affidavit" and insert "application".

On page 4, line 7, delete "an annual" and insert "a".

On page 4, line 8, after both "The" delete "annual".

On page 4, line 21, delete "A badge for".

On page 4, delete line 22.

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
HB 1087 and 1178 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 174 and 177 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 173 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "grants" insert "and to expedite the scheduled review of the nursing home rate methodology, including the hiring of an outside consultant".

On page 1, after line 15 of the printed bill, insert:

" Section 6. The Department of Human Services and the Department of Social Services shall report to the Joint Committee on Appropriations in January 2020 and to the Interim Committee on Appropriations and the Government Operations and Audit Committee in the summer of 2020 on the grants awarded pursuant to this Act.".

On page 1, line 2, of the printed bill, after "grants" insert ", to require certain reports, expedite the nursing home rate methodology review,".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "one million" and insert "five hundred thousand".

On page 1, line 5, delete "($1,000,000)" and insert "($500,000)".

On page 1, line 10, of the printed bill, delete "of general funds for every one dollar".

On page 1, line 9, of the printed bill, delete "shall" and insert "may".

On page 1, line 10, delete "of general funds for every one dollar".

On page 1, line 10, after "contributions" delete "," and insert "or".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "five" and insert "four".

On page 1, line 6, delete "($500,000)" and insert "($400,000)".

And that as so amended said bill do pass.

Respectfully submitted, Respectfully submitted,
John Wiik, Co-Chair Chris G. Karr, Co-Chair

MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1111, 1171, and 1201 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Stace Nelson, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18, 40, 43, 45, 75, 76, 77, 78, 90, and 143 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith SB 18, 40, 43, 45, 75, 76, 77, 78, 90, and 143 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 84 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1212 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Expressing and encouraging support for the continued use of country-of-origin labels on meat products sold to consumers.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

Sen. Nelson moved that the Committee on Health and Human Services be instructed to deliver SCR 9 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was not supported.

Sen. Langer moved that HB 1103 be deferred to Monday, March 4^th, the 33^rd legislative day.

Which motion prevailed.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 12:45 p.m. on Thursday, February 28^th, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on HB 1022 as found on page 518 of the Senate Journal; also

Education on HB 1066 as found on page 517 of the Senate Journal; also

Education on HB 1155 as found on page 517 of the Senate Journal; also

Joint Committee on Appropriations on SB 8 as found on page 516 of the Senate Journal; also

Joint Committee on Appropriations on SB 128 as found on page 516 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of James Lust of Brown County, Aberdeen, South Dakota, to the South Dakota Building Authority.

The question being “Does the Senate advise and consent to the executive appointment of James Lust pursuant to the executive message as found on page 412 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Cronin; Solano

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 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 first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1212 on the calendar of
Thursday, February 28^th, the 32^nd legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1196: FOR AN ACT ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

Was read the second time.

The question being “Shall HB 1196 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); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Solano

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.

The President Pro Tempore now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 175: FOR AN ACT ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth Development Authority and to declare an emergency.

Was read the second time.

The question being “Shall SB 175 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to revise the timing of the recalculation of the allocations for the disability levels in the state aid to special education formula.

Was read the second time.

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

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Jensen (Phil); Solano

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 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 second time.

The question being “Shall HB 1061 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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

Was read the second time.

The question being “Shall HB 1063 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1074: FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

Was read the second time.

The question being “Shall HB 1074 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; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Monroe

Excused:
Solano

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 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state employment.

Was read the second time.

The question being “Shall HB 1009 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; Kennedy; Klumb; Kolbeck; Langer; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Maher

Excused:
Jensen (Phil); Solano

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.

SC 33 Introduced by: Senators Cronin, Bolin, Curd, Ewing, Foster, Greenfield (Brock), Jensen (Phil), Kennedy, Klumb, Kolbeck, Langer, Nelson, Nesiba, Novstrup, Partridge, Stalzer, Sutton, Wiik, and Wismer and Representatives Peterson (Kent), Chase, Duvall, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring Cammack Ranch as the 2018 Leopold Conservation Award recipient.

WHEREAS, the Leopold Conservation Award, named for renowned conservationist Aldo Leopold, recognizes farm and ranch families who demonstrate outstanding conservation leadership on their land and in their communities; and

WHEREAS, a commitment to the health of South Dakota's natural resources is exemplified by Cammack Ranch as the recipient of the 2018 Leopold Conservation Award; and

WHEREAS, Cammack Ranch is eleven thousand acres managed with natural resource conservation practices so that soil, grass, cattle, wildlife, and a family legacy all thrive; and

WHEREAS, Gary and Amy Cammack are living their dream owning a ranch, believing "the health of the range and the vitality of the wildlife population is a barometer of how well you'll do in the ranching business"; and

WHEREAS, Gary and Amy Cammack have instilled in their four sons that "the effects of our conservation efforts, or lack thereof, will be evident one hundred years from now" and planned for the ranch's legacy to continue through their generation and those succeeding:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Cammack Ranch is recognized for earning the 2018 Leopold Conservation Award in South Dakota.

Sen. Heinert moved that the Senate do now adjourn, which motion prevailed and at
2:54 p.m. the Senate adjourned.

Kay Johnson, Secretary