JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 31, 2019

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Craig Wexler, followed by the Pledge of Allegiance led by Senate page Sara Hemmingson.

Roll Call: All members present except Sens. Schoenbeck 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 fifteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1018 and 1023 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154ja

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

" Section 1. That § 40-5-1.1 be amended to read:

40-5-1.1. Terms used in this chapter mean:

(1) "Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans;

(2) "Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;

(3) "Domestic animals," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

(4) "Exotic animals," any animal not occurring naturally in the United States either currently or historically;

(5) "Nondomestic animals," any animal that is not domestic;

(6) "Wild animals," any animal not in captivity, other than domestic animals;

(7) "Zoological animals," any animal in any zoo or intended to be used in a zoo. "

154jta

On page 1, line 2, delete "aquatic life" insert "crustaceans".

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

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:

63ba

On page 1, line 8, of the printed bill, delete everything after "following" and insert "a second or".

On page 1, line 9, delete "of § 41-9-1" and insert "under § 41-9-1 or 41-9-2 within ten years".

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

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

1024ba

On page 1, line 4, of the printed bill, overstrike "and" and insert "or".

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

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill be amended as follows:

61je

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

" Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:

Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation the authorized nursing facility beds from that existing facility will be held available by the department for eighteen months from date of closure and be available for use by an organization. The organization shall become licensed pursuant to this chapter before the organization may operate a nursing facility.

Section 2. That § 34-12-39.2 be amended to read:

34-12-39.2. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in order to:

(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

(2) Comply with state licensure standards;

(3) Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;

(4) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions; or

(5) Improve physical conditions which are related to operational or functional deficiencies.

The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility may be located within sixty miles of the existing facility. "

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 55 and returns the same with the recommendation that said bill be amended as follows:

55ca

On page 1, line 6, of the printed bill, delete "shall" in both places and insert "may".

55cta

On page 1, line 1, of the printed bill, delete "require" and insert "allow".

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 Lucas G. Lund of Clay County, Vermillion, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration the nomination of Dr. Becky Guffin of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education Standards and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 60 which was tabled.

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill be amended as follows:

54ja

On page 2, line 7, of the printed bill, after "subpoena" insert "under § 37-24-14 or an investigative demand under § 37-24-12".

On page 2, delete lines 14 to 18, inclusive, and insert:

If any person refuses to obey an investigative demand or subpoena, the attorney general may petition the circuit court to enforce compliance under § 37-24-17.".

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

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Mike Leidholt of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Corrections and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 5, 11, 14, 20, 21, and 35 were delivered to her Excellency, the Governor, for her approval at 9:45 a.m.,
January 31, 2019.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12, 23, 30, and 31 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 12, 23, 30, and 31 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1064, 1073, and 1075 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 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 Ty Ducheneaux, Bryn Ellwein, Kodi Fees,
    Nancy Flaherty, Justin Goetz, Sara Hemmingson, Maria Pazour, Julia Russell,
    Liza Schoenbeck, Maycee Wieczorek

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. Russell moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Russell's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

Excused:
Schoenbeck; Sutton

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 HB 1037 be placed to follow SB 56 on today's calendar.

Which motion prevailed.

Sen. Langer moved that SB 118, 73, and 56 be deferred to Tuesday, February 5^th,
the 17^th legislative day.

Which motion prevailed.

Sen. Langer moved that the consideration of the appointment of John Calvin to the Board of Economic Development be deferred to Friday, February 22^nd, the 28^th legislative day.

Which motion prevailed.

Sen. Langer moved that SB 104 be referred to the Senate Committee on Appropriations

Sen. Nelson requested a roll call vote.

Which request was supported.

The question being on Sen. Langer's motion that SB 104 be referred to the Senate Committee on Appropriations.

And the roll being called:

Yeas 19, Nays 14, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Foster; Heinert; Kennedy; Langer; Nesiba; Novstrup; Partridge; Rusch; Smith (VJ); Soholt; Solano; White; Wiik; Wismer

Nays:
Blare; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Otten (Ernie); Russell; Stalzer; Steinhauer; Youngberg

Excused:
Schoenbeck; Sutton

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1008 as found on page 223 of the Senate Journal; also

Health and Human Services on SB 136 as found on page 223 of the Senate Journal; also

Health and Human Services on SB 137 as found on page 221 of the Senate Journal; also

Health and Human Services on SB 84 as found on page 222 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Craig Price of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety.

The question being “Does the Senate advise and consent to the executive appointment of Craig Price pursuant to the executive message as found on page 93 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Schoenbeck; 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 188 Introduced by: The Committee on Education

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

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1064: FOR AN ACT ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

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

HB 1073: FOR AN ACT ENTITLED, An Act to revise provisions regarding the killing of certain birds or animals from an aircraft.

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

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of conservation district governing boards.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 100: FOR AN ACT ENTITLED, An Act to reduce the number of petition signatures required for conservation district supervisor elections.

SB 129: FOR AN ACT ENTITLED, An Act to exempt motor vehicles owned by licensed ambulance services from certain motor vehicle registration fees.

SB 90: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain financial interest statements filed by persons elected to state or local office.

Were read the second time.

The question being “Shall SB 100, 129, and 90 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Schoenbeck; 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.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1007 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 Military and Veterans Affairs respectfully reports that it has had under consideration the nomination of Greg Whitlock of Codington County, Watertown, South Dakota, to the position of Secretary of the Department of Veterans Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Stace Nelson, Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

Was read the second time.

59jb

Sen. Rusch moved that SB 59 be amended as follows:

On page 2, line 1, of the Senate Judiciary Committee engrossed bill, delete "and 1-27-1.3" and insert "~~and~~ 1-27-1.3, and section 1 of this Act".

Which motion prevailed.

The question being “Shall SB 59 pass as amended?”

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Jensen (Phil); Kennedy; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Rusch; Russell; Smith (VJ); Stalzer; Steinhauer; White; Wiik; Wismer

Nays:
Blare; Cronin; Heinert; Klumb; Kolbeck; Langer; Partridge; Soholt; Solano; Youngberg

Excused:
Schoenbeck; Sutton

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 43: FOR AN ACT ENTITLED, An Act to redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

Was read the second time.

The question being “Shall SB 43 pass as amended?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Nelson

Excused:
Schoenbeck; Sutton

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 121: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.

Was read the second time.

The question being “Shall SB 121 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, 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; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

Excused:
Monroe; Schoenbeck; Sutton

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 76: FOR AN ACT ENTITLED, An Act to allow a candidate for legislative or county office to be considered for nomination to statewide office.

Was read the second time.

76cb

Sen. Bolin moved that SB 76 be amended as follows:

On page 1, line 8, of the Senate State Affairs Committee engrossed bill, delete "nomination" and insert "election".

Which motion prevailed.

The question being “Shall SB 76 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Schoenbeck; Sutton

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a regional sports complex at Northern State University and to make an appropriation therefor.

Was read the second time.

The question being “Shall HB 1037 pass?”

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Maher; Nelson

Excused:
Schoenbeck; 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.

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

Was read the second time.

The question being “Shall HB 1040 pass as amended?”

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

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

Nays:
Cronin; Ewing; Kennedy; Maher; Partridge; Soholt; Wismer

Excused:
Schoenbeck; Sutton

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.

Sen. Langer moved that the balance of the calendar including HB 1048, 1038, and 1012 be deferred to Tuesday, February 5^th, the 17^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title 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.

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

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.

HB 1013: FOR AN ACT ENTITLED, An Act to require criminal background investigations for certain vital records employees.

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petitions, notices, and statements of convention nominees and certifications of party officials.

HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of Technical Professions.

And signed the same in the presence of the Senate.

Sen. Smith (VJ) moved that the Senate do now adjourn, which motion prevailed and at 2:55 p.m. the Senate adjourned.

Kay Johnson, Secretary