JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 22, 2019

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

The prayer was offered by the Chaplain, Pastor Emily Munger, followed by the Pledge of Allegiance led by Senate pages Ty Ducheneaux and Liza Schoenbeck.

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 eighth 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.

The oath of office was administered by the President Pro Tempore to the following named pages:

Ty Ducheneaux, Bryn Ellwein, Kodi Fees, Nancy Flaherty, Justin Goetz,
Sara Hemmingson, Maria Pazour, Julia Russell, Liza Schoenbeck, Maycee Wieczorek.

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

The Committee on Legislative Procedure respectfully reports that arrangements have been made for a Joint Session of the Senate and the House of Representatives to receive the budget message of the Governor. And:

That the Senate and the House will convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 23, 2019.

That the President Pro Tempore of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

That when the message of the Governor has been received, the Joint Session be dissolved.

That the message of the Governor be printed in the Senate Journal.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1002 and 1005 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
HB 1004 and 1006 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1016 and 1030 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 Commerce and Energy respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 35-4 be amended by adding a NEW SECTION to read:

A retailer, as defined in subdivision 35-1-1(19), may offer quantity discounts or cash discounts to a consumer for the purchase of alcoholic beverages. Any quantity discount or cash discount offered by a retailer to a consumer shall comply with the provisions of § 35-4-129."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize certain retailers to offer quantity discounts or cash discounts for the purchase of alcoholic beverages.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4, of the printed bill, delete "43-13-16.2" and insert "43-13-16.1".

And that as so amended said bill do pass.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 3 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 9, of the printed bill, delete everything after "education" and insert "director".

On page 2, line 10, delete "special education".

On page 2, line 13, delete "person representing the Department of Education" and insert "school district business manager".

On page 2, line 14, of the printed bill, after "persons" insert ", at least one of whom is the parent of a child who attends a public school and is in need of special education or special education and related services".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 52 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "3-1-12.1" and insert "13-1-12.1".

On page 1, line 9, after "." insert "The board shall provide that a student may fulfill the requirement for a half unit of civics education by taking a full unit of United States government.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Ben Jones of Minnehaha County, Sioux Falls, South Dakota, to the position of Interim Secretary of the Department of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Blake Curd, Vice Chair

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Kim Vanneman of Tripp County, Ideal, South Dakota, to the position of Secretary of the Department of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Gary L. Cammack, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 37 as found on page 119 of the Senate Journal; also

Judiciary on SB 50 as found on page 119 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Steve Pirner of Hughes County, Pierre, South Dakota, to be Secretary of the Department of Environment and Natural Resources.

The question being “Does the Senate advise and consent to the executive appointment of Steve Pirner pursuant to the executive message as found on page 92 of the Senate Journal?”

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Foster; Heinert; Kennedy; Maher; Nesiba; Schoenbeck; Wismer

Excused:
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 SENATE BILLS AND JOINT RESOLUTIONS

SB 57 Introduced by: Senator Monroe and Representatives Pischke, Duvall, and Rounds

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the ability to obtain title to unclaimed motor vehicles with unpaid repair bills.

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

SB 58 Introduced by: Senators Monroe, Kennedy, Schoenbeck, and Youngberg and Representatives Rounds, Duvall, and Pischke

FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, to make an appropriation therefor, and to declare an emergency.

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

SB 59 Introduced by: Senators Rusch, Jensen (Phil), Nelson, Smith (VJ), Stalzer, Steinhauer, Sutton, and Wismer and Representatives Johnson (David), Latterell, McCleerey, Rasmussen, Reed, Ring, Willadsen, and Zikmund

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

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

SB 60 Introduced by: Senators Rusch, Cammack, Ewing, Nesiba, Schoenbeck, Solano, Stalzer, Steinhauer, and Youngberg and Representatives Rasmussen, Anderson, Deutsch, Finck, Greenfield (Lana), Johns, McCleerey, Peterson (Kent), Reed, Ring, and Zikmund

FOR AN ACT ENTITLED, An Act to require the secretary of public safety to provide recommendations to the Legislature on a statewide threat assessment plan.

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

SB 61 Introduced by: Senators Steinhauer, Blare, Bolin, Cronin, Curd, DiSanto, Foster, Greenfield (Brock), Jensen (Phil), Langer, Monroe, Nelson, Nesiba, Rusch, Schoenbeck, Smith (VJ), Solano, Stalzer, Sutton, White, and Wismer and Representatives Gosch, Anderson, Beal, Diedrich, Duba, Greenfield (Lana), Haugaard, Howard, Lake, Lesmeister, McCleerey, Mills, Milstead, Peterson (Sue), Qualm, Smith (Jamie), Steele, Wiese, and Willadsen

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

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

SB 62 Introduced by: Senators Steinhauer, Blare, Bolin, Cronin, Curd, DiSanto, Greenfield (Brock), Langer, Maher, Monroe, Nesiba, Rusch, Schoenbeck, Solano, Stalzer, and Wismer and Representatives McCleerey, Anderson, Bartels, Beal, Duba, Greenfield (Lana), Haugaard, Howard, Lesmeister, Mills, Otten (Herman), Peterson (Sue), Qualm, Reed, Smith (Jamie), Wiese, Willadsen, and York

FOR AN ACT ENTITLED, An Act to provide for the use of certain general funds to increase Medicaid reimbursement rates for existing Medicaid providers.

Was read the first time and referred to the Committee on Health and Human Services.

SB 63 Introduced by: Senators Cammack, Cronin, DiSanto, Ewing, Heinert, Jensen (Phil), Klumb, Maher, Rusch, Schoenbeck, Soholt, Solano, and Wiik and Representatives Brunner, Chaffee, Finck, Frye-Mueller, Gosch, Gross, Hammock, Jensen (Kevin), Lake, Lesmeister, Livermont, Marty, Peterson (Kent), Qualm, Randolph, Rasmussen, Reimer, and Wiese

FOR AN ACT ENTITLED, An Act to increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

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

SB 64 Introduced by: Senators Greenfield (Brock), Blare, Bolin, Curd, Kennedy, Klumb, Maher, Novstrup, and Stalzer and Representatives Qualm, Finck, Glanzer, Greenfield (Lana), McCleerey, Mills, Post, Rasmussen, and Weis

FOR AN ACT ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

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

SB 65 Introduced by: Senators Novstrup, Ewing, Greenfield (Brock), Heinert, Rusch, Schoenbeck, Steinhauer, and Youngberg and Representatives York, Bartels, Chase, Deutsch, Glanzer, Goodwin, Greenfield (Lana), Hammock, Johns, Johnson (David), Perry, Reed, and Wiese

FOR AN ACT ENTITLED, An Act to provide for the construction, renovation, improvement, remodeling, alteration, addition to and repairing of courthouses, jails, incarceration reduction facilities, and other necessary buildings.

Was read the first time and referred to the Committee on Local Government.

SB 66 Introduced by: Senators Greenfield (Brock), Cammack, Cronin, DiSanto, Ewing, Foster, Heinert, Jensen (Phil), Langer, Maher, Monroe, Russell, Steinhauer, and Wismer and Representatives Brunner, Beal, Bordeaux, Chaffee, Dennert, Duba, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Hammock, Healy, Johnson (David), Lake, Lesmeister, Livermont, Marty, McCleerey, Peterson (Sue), Pischke, Qualm, Reimer, Weis, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to remove the right of an annexing municipality to acquire service territory of an electric utility.

Was read the first time and referred to the Committee on Local Government.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Senator Klumb now presiding.

SB 1: FOR AN ACT ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

Was read the second time.

The question being “Shall SB 1 pass?”

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.

SB 45: FOR AN ACT ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

Was read the second time.

The question being “Shall SB 45 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 47: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding permits to carry a concealed pistol.

Was read the second time.

The question being “Shall SB 47 pass?”

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Blare; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Russell; Stalzer; Steinhauer; Sutton; Wiik; Youngberg

Nays:
Bolin; Foster; Kennedy; Nesiba; Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; White; Wismer

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.

SB 18: FOR AN ACT ENTITLED, An Act to update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

Was read the second time.

The question being “Shall SB 18 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 36: FOR AN ACT ENTITLED, An Act to revise the membership of the State Workers' Compensation Advisory Council.

Was read the second time.

The question being “Shall SB 36 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

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

Was read the second time.

The question being “Shall SB 48 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; 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.

SB 16: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

Was read the second time.

The question being “Shall SB 16 pass?”

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

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

Nays:
Cronin; Langer; Maher; Wiik

Excused:
Heinert; 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 8 Introduced by: Senators Solano, Greenfield (Brock), Kolbeck, Langer, Maher, Monroe, and Wismer and Representatives Greenfield (Lana), Duvall, Gross, Hansen, Lesmeister, McCleerey, Pischke, Rounds, St John, Sullivan, Weis, and Wiese

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2017-2018 Outstanding School Administrators of South Dakota: Kelly Glodt, Pierre, School Superintendent; Cotton Koch, Madison Central, Middle School Principal; Cathy Telin, Britton-Hecla, School Business Official; Chris Noid, Howard, Elementary School Principal; Julie Marshall, Timber Lake, Secondary School Principal; Brad McDonald, Tri-Valley, Assistant Middle School Principal; Sue McAdaragh, Sioux Falls, Curriculum Leader; and Jerry Aberle, Northeast Education Cooperative, Director of Special Education, for being named outstanding administrators by their respective administrator parent groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these eight educational administrators is two hundred thirty-nine years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that Kelly Glodt, Cotton Koch, Cathy Telin, Chris Noid, Julie Marshall, Brad McDonald, Sue McAdaragh and Jerry Aberle are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the children of the state.

SC 9 Introduced by: Senators Wismer and Wiik and Representatives McCleerey, Deutsch, Mills, and St John

A LEGISLATIVE COMMEMORATION, Commending and honoring Denise Lutkemeier, President of the Wilmot School District Board of Education, on her selection as the Associated School Boards of South Dakota's Outstanding School Board Member of South Dakota for 2018.

WHEREAS, Denise Lutkemeier has served the Wilmot School Board for eighteen years with exemplary leadership qualities that embody the spirit of school board service and advanced student learning; and

WHEREAS, Denise strongly supports professional development for staff members by offering stipends and board payment for classes and workshops, and proposed a tuition reimbursement program for teaching staff, as well as a longevity pay plan to reward loyalty and help retain staff; and

WHEREAS, Denise has been an advocate for strategic planning with a desire to set goals for students and staff that improve educational opportunities, and she encourages roundtable discussions to allow board members to meet with staff to discuss and set goals; and

WHEREAS, Denise always encourages others to make decisions in the best interest of all students:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that during 2019, Denise Lutkemeier, of Wilmot, South Dakota, is hereby an official representative of the state and shall continue in her efforts to seek enhancement of the educational opportunities for the K-12 students of the state.

Sen. DiSanto moved that the Senate do now adjourn, which motion prevailed and at
3:37 p.m. the Senate adjourned.

Kay Johnson, Secretary