JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 15, 2019

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

    The prayer was offered by the Chaplain, Father Ron Garry, followed by the Pledge of Allegiance led by Senate page Samuel Schleich.

    Roll Call: All members present.

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 fifth 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

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Steve Westra, of Minnehaha County, Sioux Falls, South Dakota, to the position of Commissioner of the Governor's Office of Economic Development.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed David Flute, of Traverse County, Browns Valley, Minnesota, to the position of Secretary of the Department of Tribal Relations.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.
January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Kim Vanneman, of
Tripp County, Ideal, South Dakota, to the position of Secretary of the Department of Agriculture.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Greg Whitlock, of Codington County, Watertown, South Dakota, to the position of Secretary of the Department of Veteran Affairs.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Military and Veterans Affairs.



January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Tim Reisch, of
Pennington County, Rapid City, South Dakota, to the position of Adjutant General.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Military and Veterans Affairs.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Shawnie Rechtenbaugh, of Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Human Services.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Ben Jones, of
Minnehaha County, Sioux Falls, South Dakota, to the position of Interim Secretary of the Department of Education.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Education.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Kelly Hepler, of
Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Game, Fish and Parks.

    This appointment is effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Jim Terwilliger, of
Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Taxation.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Kim Malsam-Rysdon, of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Marcia Hultman, of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Mike Leidholt, of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Corrections.

    This appointment is effective January 14, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Judiciary.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Darin Bergquist, of
Hughes County, Pierre, South Dakota, to the position of Secretary of Department of Transportation.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Transportation.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Steve Pirner, of
Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Environment and Natural Resources.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Craig Price, of
Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Transportation.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Laurie Gill, of
Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Human Resources.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.


January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Jim Hagen, of
Minnehaha County, Sioux Falls, South Dakota, to the position of Secretary of the Department of Tourism.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 5, 2019

The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9 of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Amy Iversen-Pollreisz, of Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Social Services.

    This appointment was effective January 5, 2019.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration
SB 24 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration
SB 23 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 11 and 21 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 5, 12, and 20 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 Judiciary respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill be referred to the Committee on Military and Veterans Affairs.

Respectfully submitted,
Lance Russell, Chair


MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill be amended as follows:


33ca

    On page 2, line 2, of the printed bill, after "."insert "No land purchased with funds from the real property acquisition fund may be purchased at public auction.".

    And that as so amended said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 14 and 16 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17wa

    On page 1 of the printed bill, remove the overstrikes from line 5.

    On page 1, line 10, delete "such trans-state" and insert "such the trans-state".

    On page 1, line 11, delete everything before "facility" and insert "transmission facility or transmission".

    And that as so amended said bill do pass.

Respectfully submitted,
Jim Stalzer, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 3 and 4 in which the House has concurred.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1016 and 1017 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Langer moved that SCR 5 be deferred to Wednesday, January 16th, the 7th legislative day.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 51 Introduced by: Senators Partridge, Cronin, Curd, Greenfield (Brock), Langer, Maher, Monroe, Otten (Ernie), Rusch, Schoenbeck, Solano, White, Wiik, and Youngberg and Representatives Hansen, Bartels, Diedrich, Gosch, Greenfield (Lana), Johns, Lake, Olson, Peterson (Kent), Qualm, Rounds, Schoenfish, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions of the alcoholic beverages code.

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

    HB 1017: FOR AN ACT ENTITLED, An Act to provide for the destruction of certain contraband cigarettes.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Steinhauer requested that SB 35 be removed from the Consent Calendar.

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding authorization for public transportation assistance grants.

    Was read the second time.

    The question being “Shall SB 13 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Sen. Langer moved that SB 10 be deferred to Wednesday, January 16th, the 7th legislative day.

    Which motion prevailed.

    SB 26: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

    Was read the second time.

    The question being “Shall SB 26 pass?”

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0


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

    Nays:
Novstrup

    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 4 Introduced by: Senators Smith (VJ), Blare, Kolbeck, Langer, Novstrup, and Soholt and Representatives Reed, Anderson, Duba, Duvall, Finck, Howard, Hunhoff, Karr, Mills, Post, Qualm, and Reimer

        A LEGISLATIVE COMMEMORATION, Honoring and commending South Dakota State University for its ten-year anniversary as a successful NCAA Division I university.

    WHEREAS, President Emeritus Peggy Miller and former Athletic Director Fred Oien initiated the bold vision to move SDSU to the Division I level; and

    WHEREAS, it was already recognized that SDSU academic and research programs were commensurate with other Division I university institutions and moving SDSU to Division I athletics created exciting new challenges for young athletes, national exposure for a South Dakota collegiate athletic program, and enhanced statewide pride; and

    WHEREAS, on June 26, 2008, the NCAA Division I Management Council Administrative Committee announced that SDSU had met all the requirements to become an active Division I program; and

    WHEREAS, athletic programs have excelled in Division I, including the women's Jackrabbit basketball team has participated in the NCAA National Tournament eight out of the past ten years, the men's Jackrabbit basketball team has participated in the NCAA National Tournament five out of the past ten years, and the Jackrabbit football team has participated in the NCAA Football Tournament eight out of the past ten years; and

    WHEREAS, on March 17, 2018, Seth Gross became the first Jackrabbit to win a Division I national title when he won the 133-pound division at the NCAA Wrestling Championship; and

    WHEREAS, SDSU has had seventy-five combined team and individual postseason appearances; and

    WHEREAS, Jackrabbit student athletes have excelled in the classroom, combining for a cumulative grade point average of 3.0 or higher for twenty-one consecutive semesters and have received Academic All-American honors thirty-nine times in the last decade:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors South Dakota State University for its successes as an NCAA Division I university.

    Sen. Blare moved that the Senate do now adjourn, which motion prevailed and at 2:22 p.m. the Senate adjourned.

Kay Johnson, Secretary