JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 17, 2019

The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Sam Handschke, followed by the Pledge of Allegiance led by Senate page Emma Tardy.

Roll Call: All members present except Sen. White 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 seventh 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 16, 2019

Honorable Larry Rhoden
Lieutenant Governor
President of the Senate
State of South Dakota
500 East Capitol Avenue
Pierre, SD 57501

Dear Lieutenant Governor Rhoden,

I have the honor to request a Joint Session to hear the supplementary budget message during a Joint Session pursuant to SDCL § 4-7-12.

This request has also been filed with the Speaker of the House.

Sincerely,
Kristi Noem
Governor

April 18, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed John Calvin, Codington County, Watertown, South Dakota, to the Board of Economic Development.

This appointment is effective April 15, 2018, and shall continue until April 14, 2022.

Sincerely,
Dennis Daugaard
Governor

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

April 18, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Matt Judson, of Hughes County, Pierre, South Dakota, to the Board of Economic Development.

This appointment is effective April 15, 2018, and shall continue until April 14, 2022.

Sincerely,
Dennis Daugaard

Governor

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

September 24, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Senate Bill 65, 2017 Legislative Session and subject to your consent, I have the honor to inform you that I have reappointed Scott Knuppe, Pennington County, Rapid City, South Dakota, to the South Dakota Board of Technical Education.

This appointment is effective November 1, 2018, and shall continue until
October 31, 2021.

Sincerely,
Dennis Daugaard
Governor

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

April 18, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16G of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed
Joseph P. Costello, of Lincoln County, Sioux Falls, South Dakota, to the Board of Economic Development.

This appointment is effective April 15, 2018, and shall continue until April 14, 2022.

Sincerely,
Dennis Daugaard

Governor

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

October 30, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed
Dr. Becky Guffin, Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education Standards.

This appointment is effective January 1, 2019, and shall continue until
December 31, 2022.

Sincerely,
Dennis Daugaard
Governor

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

September 24, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Senate Bill 65, 2017 Legislative Session and subject to your consent, I have the honor to inform you that I have reappointed Rod Bowar, Lyman County, Kennebec, South Dakota, to the South Dakota Board of Technical Education.

This appointment is effective November 1, 2018, and shall continue until
October 31, 2021.

Sincerely,
Dennis Daugaard
Governor

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

September 24, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Senate Bill 65, 2017 Legislative Session and subject to your consent, I have the honor to inform you that I have reappointed Ed Mallett, Codington County, Watertown, South Dakota, to the South Dakota Board of Technical Education.

This appointment is effective November 1, 2018, and shall continue until
October 31, 2021.

Sincerely,
Dennis Daugaard
Governor

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

April 18, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed
Jonathan E. Locken, of Brown County, Bath, South Dakota, to the Game, Fish and Parks Commission.

This appointment is effective April 9, 2018, and shall continue until January 10, 2022.

Sincerely,
Dennis Daugaard

Governor

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

June 21, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed
David S. Mickelson, of Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents.

This appointment is effective June 19, 2018, and shall continue until March 31, 2019.

Sincerely,
Dennis Daugaard

Governor

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

September 26, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Lucas G. Lund, of Clay County, Vermillion, South Dakota, to the State Board of Regents.

This appointment is effective September 26, 2018, and shall continue until
July 1, 2020.

Sincerely,
Dennis Daugaard

Governor

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

September 21, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Roger Musick, of Davison County, Mitchell, South Dakota, to the South Dakota Science and Technology Authority.

This appointment is effective September 19, 2018, and shall continue until
August 8, 2022.

Sincerely,
Dennis Daugaard

Governor

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

December 5, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Ed Ligtenberg, to the South Dakota Board of Pardons and Parole.

Enclosed is a copy of the following:

    1.    The Statement of Financial Interest
    2.    Senate Confirmation Information
    3.    Oath
    4.    The September 13, 2018, letter of appointment

    This appointment is effective September 13, 2018, and shall continue until
January 17, 2022.

Sincerely,
Marty J. Jackley

Attorney General

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 1 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Steve Pirner of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Environment and Natural Resources and

returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 46 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 45 and 47 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 50 and returns the same with the recommendation that said bill be amended as follows:

50ka

On page 1 of the printed bill, delete line 14.

On page 2, delete lines 1 to 8, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 18, 36, and 48 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 37 and returns the same with the recommendation that said bill be amended as follows:

37cb

On page 4, line 2, of the printed bill, delete "is authorized to" and insert "shall".

On page 4, line 17, delete "premium rates that meet".

On page 5, line 14, after "provides" insert "sufficient".

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 2 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1001, 1009, 1014, 1015, and 1018 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 1 Introduced by: Senators 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, V.J.; Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-fourth Legislature of the State of South Dakota to Tracy Eich, Casondra Gerlach, William Kessler, Camryn MacDonell, Sydney Marso, Samuel Schleich, Claire St. Pierre, Emma Tardy.

WHEREAS, the above named served loyally as pages for the Senate of the Ninety-fourth Legislative Session; and

WHEREAS, the members of the Ninety-fourth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Wiik moved that Senate Page Resolution 1 be adopted.

The question being on Sen. Wiik's motion that Senate Page Resolution 1 be adopted.

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; Solano; Stalzer; Steinhauer; Sutton; Wiik; Wismer; Youngberg

Excused:
White

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 SB 16 be deferred to Tuesday, January 22, the 9^th legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 54 Introduced by: Senators White, Cammack, Kolbeck, Otten (Ernie), Partridge, and Stalzer and Representatives Chase, Barthel, Duvall, Glanzer, Lake, McCleerey, Peterson (Kent), and York

FOR AN ACT ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

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

SB 55 Introduced by: Senators Jensen (Phil), Blare, Bolin, Cammack, Curd, DiSanto, Ewing, Greenfield (Brock), Klumb, Kolbeck, Langer, Monroe, Nelson, Otten (Ernie), Russell, Schoenbeck, Stalzer, Steinhauer, Sutton, and Youngberg and Representatives Johnson (Chris), Beal, Brunner, Chaffee, Dennert, Deutsch, Diedrich, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Hammock, Haugaard, Howard, Jensen (Kevin), Latterell, Livermont, Marty, Mills, Mulally, Perry, Peterson (Sue), Pischke, Qualm, Randolph, Reimer, Steele, Weis, Wiese, and York

FOR AN ACT ENTITLED, An Act to require the national motto of the United States to be displayed in public schools.

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

SB 56 Introduced by: Senators Greenfield (Brock), Bolin, and Maher and Representatives Greenfield (Lana), Gosch, Latterell, and McCleerey

FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks.

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

FIRST 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 first time and referred to the Committee on Education.

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

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

HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding payments of the tax imposed on financial institutions and banks.

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

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

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

HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 25: FOR AN ACT ENTITLED, An Act to revise the authority of Department of Revenue special agents.

SB 30: FOR AN ACT ENTITLED, An Act to remove certain unnecessary federal references and dates from certain provisions relating to the Department of Social Services.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for assistant behavior analysts and paraprofessionals.

Were read the second time.

The question being “Shall SB 25, 30, and 31 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 33: FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and public lands to sell and acquire certain real property.

Was read the second time.

The question being “Shall SB 33 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

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.

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain indemnity bonds that the Public Utilities Commission may require.

Was read the second time.

The question being “Shall SB 17 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

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 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding consumer protection.

Was read the second time.

Sen. Langer moved that SB 20 be placed to follow SB 10 on today's calendar.

Which motion prevailed.

SB 32: FOR AN ACT ENTITLED, An Act to revise the composition of the South Dakota Board of Social Work Examiners.

Was read the second time.

The question being “Shall SB 32 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Steinhauer

Excused:
White

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 12: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.

Was read the second time.

The question being “Shall SB 12 pass?”

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Foster; Heinert; Nesiba; Partridge; Wismer

Excused:
White

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 24: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state assessments.

Was read the second time.

24ja

Sen. Maher moved that SB 24 be amended as follows:

On page 2 of the printed bill, delete lines 1 to 4, inclusive, and insert:

"correlated with the state's content standards. ~~The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to provide for administration of all assessments.~~ The same assessments shall be administered to all students, except students with the most severe cognitive disabilities.".

Which motion prevailed.

The question being “Shall SB 24 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

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 35: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding revocation of occupational licenses.

Was read the second time.

35db

Sen. Steinhauer moved that SB 35 be amended as follows:

On page 2, line 20, of the printed bill, after "licensed" insert "or permitted".

On page 2, line 21, after "§ 36-16-13" insert "or permit under this chapter".

On page 4, line 8, after "licensed" insert "or permitted".

On page 4, line 9, after "license" insert "or permit".

Which motion prevailed.

The question being “Shall SB 35 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
White; 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 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the granting of work permits to minors who refuse to submit to chemical analyses.

Was read the second time.

The question being “Shall SB 11 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
White; 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 21: FOR AN ACT ENTITLED, An Act to authorize certain tobacco manufacturers to assign to the state the interest of the manufacturer in any money in a qualified escrow fund.

Was read the second time.

The question being “Shall SB 21 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Wiik

Excused:
White

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 14: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

Was read the second time.

The question being “Shall SB 14 pass?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Heinert; Maher; Wiik

Excused:
White

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 10: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

Was read the second time.

The question being “Shall SB 10 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

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 20: FOR AN ACT ENTITLED, An Act to update certain provisions regarding consumer protection.

Having had its second reading was up for consideration and final passage.

The question being “Shall SB 20 pass?”

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; Solano; Stalzer; Steinhauer; Sutton; Wiik; Wismer; Youngberg

Nays:
Monroe

Excused:
White

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 7 Introduced by: Senators Rusch, Steinhauer, and Youngberg and Representatives Rasmussen, Duvall, Finck, Milstead, Peterson (Kent), Ring, and Schoenfish

A LEGISLATIVE COMMEMORATION, Commending and honoring the Parker School District Board of Education on their selection as the Associated School Boards of South Dakota School Board Award of Excellence recipient for 2018.

WHEREAS, the Parker School Board developed a strategic plan with goals in the areas of academic improvement, facility assessment, staff development and training, graduation rate, technology advancement, and community improvement; and

WHEREAS, the Parker School Board has overseen the district receive Blue Ribbon school status and is ranked among the top ten percent of South Dakota public schools in School Performance Index scores, earning a status school distinction: and

WHEREAS, the Parker School Board has made sound fiscal choices that have put the district in a debt-free position, which has allowed them to eliminate an opt-out, lower local

property taxes, and adjust the district budget in order for them to provide a high-quality education for their students, utilize present-day technologies, and upgrade their facilities; and

WHEREAS, the Parker School Board has set a high standard in serving its community, staff, and students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Parker School Board be commended and honored for their selection as the recipient of the Associated School Boards of South Dakota Award of Excellence for 2018.

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at
2:08 p.m. the Senate adjourned.

Kay Johnson, Secretary