JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 8, 2019

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

The prayer was offered by the Chaplain, Pastor Sam Handschke, followed by the Pledge of Allegiance led by Senate pages Sabrina Kintz and Ronni Walton.

Roll Call: All members present except Sens. Foster, Heinert, Schoenbeck, and Solano 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 nineteenth 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 Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 41 and 104 which were tabled.

Respectfully submitted,
John Wiik, Chair

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1027, 1064, and 1098 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 85 and HB 1121 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 SB 70 and returns the same with the recommendation that said bill be amended as follows:

70ba

On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:

If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.

If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.".

On page 2, delete lines 1 to 3, inclusive.

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

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93jc

On page 4, line 24, of the printed bill, delete everything after "permit" and insert "~~operating~~ who is:

(1) Operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5; or

(2) Operating the motor vehicle to attend or to return home from school or a school event.

No holder of a restricted minor's".

On page 5, delete line 1.

On page 6, line 10, after "." insert "The provisions of this section do not apply if the permit holder is operating the motor vehicle to attend or return from school or a school event.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 110 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Rocky Blare, Vice Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 169 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 126 and returns the same with the recommendation that said bill be amended as follows:

126ka

On page 1, line 5, of the printed bill, delete "languages" and insert "language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Dakota, Lakota, and Nakota".

On page 1, line 6, delete everything before "." .

126ca

Delete the previously adopted amendment (126ka).

On page 1, line 5 of the printed bill, delete everything after "English" .

On page 1, line 6, delete everything before "." .

On page 1, line 8, after "." insert "The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Dakota, Lakota, and Nakota.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 8 and returns the same with the recommendation that said bill be amended as follows:

8ka

On page 1, line 6, of the printed bill, after "system" insert "shall be accredited by the Alliance of Information and Referral Systems and".

8kb

On page 1, line 6, of the printed bill, after "system" insert "shall be accredited by the Alliance of Information and Referral Systems and".

On page 1, after line 9, insert:

" Section 2. There is hereby appropriated from the general fund the sum of one dollars ($1), or so much thereof as may be necessary, to the Department of Social Services for a statewide resource information system.

Section 3. The secretary of social services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2020, shall revert in accordance with the procedures prescribed in chapter 4-8.".

8kta

On page 1, line 1, of the printed bill, after "system" insert "and to make an appropriation therefor".

And that as so amended said bill be referred to the Joint Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
SB 139 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22, 32, 37, and 51 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 10 and 25 were delivered to her Excellency, the Governor, for her approval at 10:45 a.m., February 8, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1008.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1181 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 44 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 22, 32, 37, and 51 which have passed the House without change.

Respectfully,
Sandra J. Zinter, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of SB 14 pursuant to the veto of the Governor and the veto message found on page 270 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being “Shall SB 14 pass, the veto of the Governor notwithstanding?”

And the roll being called:

Yeas 1, Nays 30, Excused 4, Absent 0

Yeas:
Nelson

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

Excused:
Foster; Heinert; Schoenbeck; Solano

So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost, sustaining the Governor's veto.

MOTIONS AND RESOLUTIONS

Sen. Nelson moved that the Senate do now reconsider the vote by which SB 107 lost.

The question being on Sen. Nelson's motion to reconsider the vote by which SB 107 lost.

And the roll being called:

Yeas 5, Nays 26, Excused 4, Absent 0

Yeas:
DiSanto; Jensen (Phil); Nelson; Russell; Stalzer

Nays:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Foster; Heinert; Schoenbeck; Solano

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

Sen. Langer moved that SB 158 be referred from the Joint Committee on Appropriations to the Committee on Health and Human Services.

Which motion prevailed.

SR 2 Introduced by: Senators Soholt, Greenfield (Brock), Klumb, Langer, Nesiba, Smith (VJ), Solano, Sutton, White, and Wismer

A RESOLUTION, Recognizing the impact of Alzheimer's Disease and related dementias on persons living with these conditions, caregivers, and the State of South Dakota.

WHEREAS, while Alzheimer's Disease and related dementias have been traditionally seen as an aging issue, these conditions constitute a public health issue, due to the large burden on society and the significant impact, but there are ways to intervene with the disease; and

WHEREAS, South Dakota has the third highest Alzheimer's death rate in America, and Alzheimer's is the fifth leading cause of death in South Dakota; and

WHEREAS, South Dakota has seen a one hundred thirty-five percent increase in Alzheimer's deaths since 2000; and

WHEREAS, seventeen thousand South Dakotans are living with Alzheimer's, with approximately sixty percent of the people impacted being men and forty percent women; and

WHEREAS, the number of South Dakotans living with Alzheimer's is estimated to grow to twenty thousand by 2025; and

WHEREAS, South Dakota spends significant resources annually caring for people with Alzheimer's Disease and related dementias; and

WHEREAS, thirty-eight thousand caregivers, including family, friends, neighbors, in South Dakota are providing care to persons with Alzheimer's Disease or related dementias, saving the state considerable money and resources; and

WHEREAS, nearly sixty percent of these caregivers have been providing care to a person with Alzheimer's Disease or related dementias for at least two years; and

WHEREAS, caregiving for individuals with Alzheimer's Disease or related dementias often takes an enormous toll on family members and creates important needs to reduce stress, depression, injuries, anxiety, isolation, and other health issues that caregivers of persons with Alzheimer's Disease or related dementias often face; and

WHEREAS, the onset of Alzheimer's Disease and related dementias cannot yet be stopped or reversed, but early detection and diagnosis allow persons with dementia and their families a better chance of receiving and benefitting from treatment, care, support services, and more time to put legal, financial and advanced directives in place for the future:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that stakeholders in healthcare, legal, and financial sectors, and the patients and families affected by Alzheimer's Disease and related dementias are encouraged to continue to work together toward meaningful solutions to address the public health impact of Alzheimer's Disease in South Dakota.

Was read the first time. The President Pro Tempore waived the referral to committee, and placed SR 2 on the calendar of Monday, Febrary 11^th, the 21^st legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 143 as found on page 299 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of
David S. Mickelson of Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents.

The question being “Does the Senate advise and consent to the executive appointment of David S. Mickelson pursuant to the executive message as found on page 116 of the Senate Journal?”

And the roll being called:

Yeas 26, Nays 3, Excused 6, Absent 0

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

Nays:
Blare; Maher; Nelson

Excused:
Foster; Heinert; Monroe; Schoenbeck; Solano; Youngberg

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Russ A. Walz of Minnehaha County, Sioux Falls, South Dakota, as the Assistant Adjutant General, Air.

The question being “Does the Senate advise and consent to the executive appointment of Russ A. Walz pursuant to the executive message as found on page 259 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Foster; Heinert; Schoenbeck; Solano; Youngberg

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1181: FOR AN ACT ENTITLED, An Act to create a habitat conservation emblem specialty plate.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Wiik requested that SCR 6 be removed from the Consent Calendar.

SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding open meeting requirements.

SB 113: FOR AN ACT ENTITLED, An Act to provide that certain information contained within applications for money lending licenses are public records.

SB 155: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home.

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

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.

HB 1044: FOR AN ACT ENTITLED, An Act to authorize certain children who are subject to a pending military relocation to apply for enrollment in a school district.

HCR 1001: A CONCURRENT RESOLUTION, Supporting the Governor's efforts to fuel the state fleet with premium E-30 fuel.

Were read the second time.

The question being “Shall SB 113, and 155 and HB 1043 pass and SB 91, HB 1075, 1044 pass as amended, and HCR 1001 be adopted?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Foster; Heinert; Schoenbeck; Solano; Youngberg

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.

Sen. Langer moved that the balance of the calendar including SB 117, 103, 67, 4, 140, and 146 and SJR 2 be deferred to Monday, February 11^th, the 21^st legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 22: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding association health plans.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

HB 1033: FOR AN ACT ENTITLED, An Act to revise provisions regarding transaction of business by trust companies.

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 13 Introduced by: Senators Rusch, Bolin, Cammack, Curd, Heinert, Kennedy, Langer, Nesiba, Novstrup, Schoenbeck, Smith (VJ), Soholt, Stalzer, and Steinhauer and Representatives Rasmussen, Deutsch, Duba, Frye-Mueller, Glanzer, Greenfield (Lana), Howard, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Marty, Milstead, Otten (Herman), Peterson (Sue), Pischke, Ring, Rounds, Schoenfish, Wiese, and York

A LEGISLATIVE COMMEMORATION, Commending and honoring the University of South Dakota Women's Cross Country Team for their outstanding athletic performance in winning their fifth consecutive Summit League Championship.

WHEREAS, the student-athletes' championship streak marks the second longest streak in Summit League history. The team finished with fifty-one points to edge out the North Dakota State University team by a single point. The team was led by four runners who earned all-Summit League honors; and

WHEREAS, head coach Dan Fitzsimmons, who was named the Summit League Women's Cross Country Coach of the Year for the fifth time during his tenure, helped facilitate and cultivate the physical, mental, and emotional growth and development of the student-athletes:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends the University of South Dakota Women's Cross Country Team members for their patience, dedication, and tenacity, and, most of all, for their accomplishments as Summit League Cross Country Champions for the fifth-straight year.

SC 14 Introduced by: Senators Rusch, Bolin, Cammack, Curd, Heinert, Kennedy, Langer, Nesiba, Novstrup, Schoenbeck, Smith (VJ), Soholt, Stalzer, and Steinhauer and Representatives Rasmussen, Deutsch, Duba, Frye-Mueller, Glanzer, Greenfield (Lana), Howard, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Marty, Milstead, Otten (Herman), Peterson (Sue), Pischke, Ring, Rounds, Schoenfish, Wiese, and York

A LEGISLATIVE COMMEMORATION, Commending and honoring the University of South Dakota Women's Basketball Team for their outstanding athletic performance in winning their third regular season Summit League Championship in four years.

WHEREAS, the student-athletes finished their first undefeated regular season championship since 1994. The team completed Summit League play with a record of 14-0, winning all games by a nineteen-point average margin of victory; and

WHEREAS, the team won twenty consecutive victories making it the longest ever winning streak by a Summit League program in league history. The team finished the 2017-2018 season with a 29-7 record reaching the WNIT quarterfinals; and

WHEREAS, head coach Dawn Plitzuweit, helped develop the physical, mental, and the emotional growth and development of her student-athletes while leading the successful season in just her second year as head coach:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends the University of South Dakota Women's Basketball Team for their patience, dedication, and tenacity, and, most of all, for their accomplishments in achieving their third regular season Summit League Women's Basketball Championship in four years.

SC 15 Introduced by: The Committee on Military and Veterans Affairs

A LEGISLATIVE COMMEMORATION, Commending and honoring Angela Kennecke for excellence in investigative reporting and service to the people of South Dakota.

WHEREAS, Angela is a renowned investigative reporter at KELOLAND Media Group
in Sioux Falls and is acknowledged across the state by fans and colleagues as one of the top investigative reporters in South Dakota; and

WHEREAS, the free press and American journalism are one of the pillars of democracy our nation was founded upon; and

WHEREAS, the role of the news media in a free and democratic society requires journalists to constantly question authority and hold the actions of those in positions of trust and authority in light for the appropriate scrutiny of the people; and

WHEREAS, objective journalistic investigative reporting and honest political public service are natural allies; and

WHEREAS, Angela Kennecke's investigative reporting creates awareness to issues adversely affecting South Dakotans, which directly facilitates legislative oversight and actions; and

WHEREAS, Angela and her family suffered the tragic loss of her daughter Emily Groth. South Dakotans mourn with and support Angela and her family in their loss and grieving. We commend and support Angela's efforts in honoring Emily through the raising of awareness of the dangers of opioids; and

WHEREAS, "Tyranny, like hell, is not easily conquered." It flourishes in the absence of public accountability and when our government's actions are hidden from the public eye. A free-press, eternal vigilance, diligent reporting, and an informed public are instrumental to maintaining the freedoms of the American people; and

WHEREAS, while we commend Angela for her past exceptional reporting to the public, our commendation is not in-conclusion, but a well-deserved interim gesture of appreciation, respect, and encouragement for her continued efforts:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, on behalf of the great people of South Dakota, we hereby commend and honor Angela Kennecke for her excellence in investigative reporting. We extend our heartfelt thanks and best wishes for her continued success.

Sen. Steinhauer moved that the Senate do now adjourn, which motion prevailed and at
1:18 p.m. the Senate adjourned.

Kay Johnson, Secretary