JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 16, 2019

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate page Claire St. Pierre.

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 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 30 and 31 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 25 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 SB 27 and 28 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1002, 1004, 1005, 1006, 1030, 1031, 1039, and 1040 which have passed the House and your favorable consideration is respectfully requested.

MOTIONS AND RESOLUTIONS

SCR 5: A CONCURRENT RESOLUTION, Commending Senators John Thune and Mike Rounds for their votes to confirm Brett Kavanaugh's nomination to the United States Supreme Court, and wishing Associate Justice Kavanaugh well in his new role.

Was read the second time.

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Sen. Bolin moved that SCR 5 be amended as follows:

On page 1 of the printed resolution, delete lines 11 and 12.

On page 2, delete lines 1 and 2.

Which motion prevailed.

Sen. Kennedy rose to a point of order citing JR6A-1(2).

Senator Heinert requested a formal ruling on the point of order from the President which was denied.

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Sen. Heinert moved that SCR 5 be amended as follows:

On the printed resolution, delete lines 4 to 12, inclusive, and insert:

WHEREAS, on December 22, 2018, the President of the United States and the United States Congress failed to agree on the timely appropriation of sufficient funds for the 2019 fiscal year or a temporary continuing resolution, resulting in a shutdown of federal government offices and services that continues to this day; and

WHEREAS, the federal government shutdown has furloughed hundreds of thousands of employees, leaving them facing the uncertainty of lost wages, while thousands of essential government workers have been required to continue to work without compensation, and paychecks are on hold for approximately 800,000 federal employees; and

WHEREAS, the closure of federal offices and loss of funding has caused hundreds of government-backed programs to completely cease operations; and

WHEREAS, Congress has yet to approve funding for the Indian Health Service (IHS), which is dramatically impacted by the federal shutdown with some services and payments on hold, and many IHS employees are furloughed or working without pay, affecting the health

services for Native Americans and hurting the economic security of the numerous Native American IHS employees; and

WHEREAS, the shutdown has halted the issuance of small business loans and permits needed by local businesses to maintain and expand operations and has interfered with hiring by closing down employee verification systems, including the EVerify service to ensure persons are authorized to work in the United States; and

WHEREAS, the Internal Revenue Service has been largely shuttered, leaving significant doubt as to whether tax refunds will be processed in a timely manner; and

WHEREAS, Farm Service Agency (FSA) offices are closed and some deadlines have been extended, while farmers seek to sign up for deficiency payments for commodity price drops due to international trade issues; and

WHEREAS, the government shutdown has halted mortgage approvals under programs designed to help individuals purchase homes with low down-payments and at low interest rates, including those offered to build or improve housing and essential community facilities in rural areas under the United States Department of Agriculture (USDA); and

WHEREAS, there is growing concern that a prolonged shutdown may cause USDA programs, including SNAP and WIC, that provide nutritional assistance to low-income individuals and their children, to run out of funds and miss payments as soon as March 2019; and

WHEREAS, the harm to South Dakota residents and businesses from the federal government shutdown is immediate and ongoing and will continue to be felt long after the shutdown ends:

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 expresses its concern for the welfare of South Dakota residents and businesses suffering from the ongoing federal government shutdown; and

BE IT FURTHER RESOLVED, that the Legislature strongly encourages South Dakota's United States Senators Rounds and Thune to support H.R. 264, due to overwhelming Senate support for the Further Additional Continuing Appropriations Act, 2019, contained in the amendment to H.R. 695 in the 115^th Congress, that would have provided continuing Federal Fiscal Year 2019 appropriations to several federal agencies through February 8, 2019, but was not signed by the President; and

BE IT FURTHER RESOLVED, that the Legislature urges the President of the United States and the United States Congress to act quickly to pass legislation ending the federal government shutdown and to work this year to fix the legal immigration system in our country."

Delete page 2.

Sen. Langer rose to a point of order citing JR5-14.

The President ruled the motion to amend was out of order.

Sen. Heinert appealed the ruling of the President.

He was not supported.

Sen. Novstrup moved the previous question.

Which motion prevailed.

The question being on Sen. Bolin's motion that SCR 5 be adopted as amended.

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Bolin; Cammack; DiSanto; Ewing; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Russell; Schoenbeck; Stalzer; Steinhauer; Sutton; White; Wiik; Youngberg

Nays:
Blare; Cronin; Curd; Foster; Greenfield (Brock); Heinert; Kennedy; Nesiba; Rusch; Smith (VJ); Soholt; Solano; Wismer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted as amended.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Thursday, January 17^th, the 8^th 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 SB 17 as found on page 96 of the Senate Journal; also

Agriculture and Natural Resources on SB 33 as found on page 95 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 52 Introduced by: Senators Bolin, Curd, Ewing, Jensen (Phil), Klumb, Kolbeck, Langer, Maher, Nesiba, Novstrup, Otten (Ernie), Rusch, Solano, Stalzer, and Steinhauer and Representatives Deutsch, Anderson, Beal, Chase, Duvall, Glanzer, Greenfield (Lana), Hansen, Jensen (Kevin), Peterson (Sue), Rasmussen, Steele, Wiese, and Zikmund

FOR AN ACT ENTITLED, An Act to provide for the addition of a half unit of civics education to the units of credit required for high school graduation.

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

SB 53 Introduced by: Senator Schoenbeck and Representative Rounds

FOR AN ACT ENTITLED, An Act to revise certain rule-making authority regarding alcoholic beverage discounts.

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

SJR 1 Introduced by: Senators Rusch, Cammack, Kolbeck, Maher, Novstrup, Otten (Ernie), Stalzer, Steinhauer, White, and Youngberg and Representatives Karr, Deutsch, Duvall, Finck, Lesmeister, Qualm, Rasmussen, Ring, and Smith (Jamie)

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, related to terms of office for members of the Legislature.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to provide for criminal background checks for certain applicants and employees of the Department of Public Safety.

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

HB 1004: FOR AN ACT ENTITLED, An Act to revise parole date calculation provisions.

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

HB 1005: FOR AN ACT ENTITLED, An Act to authorize a hearing panel of the Board of Pardons and Paroles to make clemency recommendations.

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

HB 1006: FOR AN ACT ENTITLED, An Act to revise the time requirements for parole reports and plans.

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

HB 1030: FOR AN ACT ENTITLED, An Act to allow the Office of School and Public Lands to accept internet bidding for the leasing of state minerals.

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

HB 1031: FOR AN ACT ENTITLED, An Act to authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.

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

HB 1039: FOR AN ACT ENTITLED, An Act to provide for the use of the Obligation Recovery Center by certain postsecondary technical institutes.

Was read the first time and referred to the Senate Committee on Appropriations

HB 1040: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Monroe requested that SB 20 be removed from the Consent Calendar.

Sen. Heinert requested that SB 12 be removed from the Consent Calendar.

SB 23: FOR AN ACT ENTITLED, An Act to revise certain references to repealed or obsolete provisions regarding the Department of Education.

SB 5: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2018.

Were read the second time.

The question being “Shall SB 23 and 5 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.

Sen. Langer moved that the balance of the calendar including SB 24, 35, 11, 21, 14, 16, and 10 be deferred to Thursday, January 17^th, the 8^th legislative day.

Which motion prevailed.

SC 5 Introduced by: Senators Rusch, Bolin, Cammack, Partridge, Schoenbeck, Smith (VJ), Stalzer, Steinhauer, and White and Representatives Rasmussen, Randolph, Ring, Saba, and Willadsen

A LEGISLATIVE COMMEMORATION, Congratulating and recognizing Chris Nilsen from the University of South Dakota on breaking the NCAA Championship men's pole vault meet record.

WHEREAS, Chris Nilsen vaulted a height of nineteen feet, one and one-half inches to claim his second NCAA championship; and

WHEREAS, Chris, as a student-athlete on the USD Coyotes Men's Track and Field Team, has shown exemplary patience, dedication, and leadership in his track and field career; and

WHEREAS, Chris Nilsen has two gold medals, one silver medal, and one bronze medal in four trips to the Division I NCAA National Meet:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and congratulates Chris Nilsen from the University of South Dakota for breaking the NCAA Championship men's pole vault meet record.

SC 6 Introduced by: Senators Rusch, Bolin, Cammack, Partridge, Schoenbeck, Smith (VJ), Stalzer, Steinhauer, and White and Representatives Rasmussen, Randolph, Ring, Saba, and Willadsen

A LEGISLATIVE COMMEMORATION, Commending and honoring the University of South Dakota Women's Track and Field Team for their outstanding athletic performance upon winning their first Summit League Outdoor Championship in the 2018 season.

WHEREAS, the student-athletes finished the meet winning seven events totaling 263 points. Senior Shanice Cannigan swept both hurdle event titles and scored 27.5 points across five events, earning her the distinction as the championship's Most Outstanding Performer; and

WHEREAS, the championship was the twentieth championship for the program in thirty years; and

WHEREAS, head coach Lucky Huber, named the Summit League Outdoor Track and Field Coach of the Year, helped facilitate and cultivate the physical, mental, and the emotional growth and development of these student-athletes:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the University of South Dakota Women's Track and Field Team be commended and honored for their patience, dedication, and tenacity, and most of all, for their accomplishments as Summit League Outdoor 2018 Track and Field Champions.

Sen. Wiik moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 50 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: The Honorable James Endres; the Honorable Roger W. Hunt; the Honorable Dorothy M. Kellogg; the Honorable Albert J. Kocer; the Honorable Sean McPherson; the Honorable Michael O'Connor; the Honorable Jim Schaefer; the Honorable John Timmer; the Honorable Charles Turbiville; and the Honorable Hal G. Wick; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-fourth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefitted greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-fourth Session of the Legislature of the State of South Dakota, now assembled this 16th day of January, 2019, at Pierre, South Dakota.