JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 28, 2019

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

The prayer was offered by the Chaplain, Rev. Daniel Grimmer, followed by the Pledge of Allegiance led by Senate page Maria Pazour.

Roll Call: All members present except Sens. Cronin, Novstrup and Sutton who were 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 twelfth 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 Local Government respectfully reports that it has had under consideration HB 1025 and 1026 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1036 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 75 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 State Affairs respectfully reports that it has had under consideration
SB 76 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "If a candidate secures a nomination at a state party convention, the candidate shall withdraw as a candidate from one of the offices and submit the withdrawal to the secretary of state on or before the date on which the secretary of state receives the state party certification.".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 62 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 78 and HB 1012 and 1013 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 the nomination of Kim Malsam-Rysdon of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 13 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 13 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 17 and SCR 5 were tabled.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1007, 1043, 1047, 1049, and 1052 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 SB 50 be deferred to Wednesday, January 30^th, the 15^th legislative day.

Which motion prevailed.

Sen. Langer moved that SB 56 be deferred to Thursday, January 31^st, the 16^th legislative day.

Which motion prevailed.

Sen. Langer moved that SB 34 and 52 be deferred to Wednesday, February 13^th, the
23^rd legislative day.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Roger Musick of Davison County, Mitchell, South Dakota, to the South Dakota Science and Technology Authority.

The question being “Does the Senate advise and consent to the executive appointment of Roger Musick pursuant to the executive message as found on page 117 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; 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; White; Wiik; Wismer; Youngberg

Excused:
Cronin; Novstrup; Sutton

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 141 Introduced by: Senators Jensen (Phil), Blare, DiSanto, Monroe, Nelson, and Stalzer and Representatives Goodwin, Brunner, Frye-Mueller, Gosch, Howard, Weis, and Zikmund

FOR AN ACT ENTITLED, An Act to provide for the administration of certain assessments in a paper format.

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

SB 142 Introduced by: Senators Nelson, Blare, Kolbeck, Nesiba, Stalzer, and Steinhauer and Representatives Peterson (Kent), Beal, Finck, Hansen, Milstead, Peterson (Sue), Pischke, Schoenfish, Sullivan, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to require the state to assume the responsibility for legal expenses of certain persons in state custody.

Was read the first time but not assigned.

SB 143 Introduced by: Senator Nelson and Representatives Pischke, Dennert, Frye-Mueller, and Goodwin

FOR AN ACT ENTITLED, An Act to revise visitation rights of a person causing conception by rape or incest.

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

SB 144 Introduced by: Senators Nesiba, Foster, Heinert, and Wismer and Representatives Duba, Bordeaux, Healy, Pourier, Smith (Jamie), and Sullivan

FOR AN ACT ENTITLED, An Act to remove certain sanctions regarding public assistance for certain felony drug offenders.

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

SB 145 Introduced by: Senator Heinert and Representative Saba

FOR AN ACT ENTITLED, An Act to revise provisions regarding the vesting of title to a removal agency.

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

SB 146 Introduced by: Senator Heinert and Representative Saba

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

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

SB 147 Introduced by: Senators Rusch, Foster, Kennedy, Nelson, Novstrup, Otten (Ernie), Soholt, Solano, Stalzer, Steinhauer, and White and Representatives Rasmussen, Barthel, Bordeaux, Brunner, Duba, Frye-Mueller, Glanzer, Greenfield (Lana), Johnson (Chris), Latterell, Peterson (Sue), Randolph, Ring, Saba, Smith (Jamie), Steele, Sullivan, Weis, Wiese, and Zikmund

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding commercial pesticide applicators.

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

SB 148 Introduced by: Senators Wismer, Blare, DiSanto, Foster, Heinert, Jensen (Phil), Kennedy, Maher, Monroe, Nesiba, Otten (Ernie), Rusch, Smith (VJ), and Stalzer and Representatives McCleerey, Bordeaux, Brunner, Cwach, Dennert, Duba, Finck, Healy, Johnson (David), Milstead, Pourier, Ring, Saba, Smith (Jamie), and Sullivan

FOR AN ACT ENTITLED, An Act to provide for state employee protection from retaliation for certain communications.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

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

HB 1043: FOR AN ACT ENTITLED, An Act to require the Department of Social Services to collect and report certain information regarding the military affiliation of a parent whose child is subject to a report of abuse or neglect.

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

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding recommendations for treatment as a condition for probation.

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding driving after consuming certain drugs or substances.

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

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice given to county commissioners for special sessions.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENT

Sen. Langer removed the nomination of Jim Terwilliger from the consent calendar pursuant to JR 13-2.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Nesiba requested that SB 72 be removed from the Consent Calendar.

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

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

Were read the second time.

The question being “Shall HB 1014 and 1015 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Cronin; Novstrup; Sutton

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 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

Was read the second time.

The question being “Shall SB 44 pass?”

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Maher; Nelson

Excused:
Cronin; Novstrup; Sutton

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.

SIGNING OF BILLS

The President publicly read the title to

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

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.

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

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

And signed the same in the presence of the Senate.

Sen. White moved that the Senate do now adjourn, which motion prevailed and at
2:26 p.m. the Senate adjourned.

Kay Johnson, Secretary