JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 12, 2019

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

The prayer was offered by the Chaplain, Rev. Jarvis Wipf, followed by the Pledge of Allegiance led by Senate page Anna Schwader.

Roll Call: All members present except Sen. Russell 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 twenty-first 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 23, 2019

The Honorable Larry Rhoden
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 Travis Bies, of
Custer County, Fairburn, South Dakota, to the Game, Fish and Parks Commission.

This appointment is effective January 11, 2019, and shall continue until January 10, 2023.

Sincerely,
Kristi Noem

Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

149ja

On page 1, line 10, of the printed bill, delete "twenty" and insert "eighteen".

On page 1, line 11, delete "one hundred" and insert "ninety".

On page 2, line 7, after ";" insert "and".

On page 2, line 8, delete "; and".

On page 2, line 9, delete everything before "." .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073ba

On page 2 of the House engrossed bill, delete lines 1 to 4, inclusive, and insert "subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, provided:

(a) The activity occurs only on or over land that is privately owned;

(b) The person operating the drone is the landowner or has permission from the landowner or a lessee; and

And that as so amended said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

95we

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

" Section 1. That chapter 42-10 be amended by adding a NEW SECTION to read:

No person who owns, or who is in the business of leasing to any other person or entity, an inflatable amusement device may inflate or provide for the inflation of the device for public use, without obtaining insurance in an amount not less than one million dollars per occurrence and one million dollars in the aggregate against liability for injury or death arising out of the use of the device. Failure to obtain insurance under this section is a Class 2 misdemeanor.

A person who is required to obtain insurance under this section shall provide proof of insurance to any lessee of the device.

For purposes of this section, the term, inflatable amusement device, means an item that is designed for activity including bouncing, climbing, sliding, and other interactive play, that consists of a flexible fabric kept inflated by continuous air flow provided by one or more blowers, and that relies upon air pressure to maintain the item's shape."

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 SB 120 and returns the same with the recommendation that said bill be amended as follows:

120wa

On page 2, after line 10 of the printed bill, insert:

" Section 3. This Act does not affect any contract entered into before the effective date of this Act.".

120wb

On page 1 of the printed bill, delete lines 12 to 15, inclusive.

Delete page 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 SB 124 and returns the same with the recommendation that said bill be amended as follows:

124wa

On page 2, line 10, of the printed bill, delete everything after "(10)" and insert "A retailer, carrying the retailer's own merchandise purchased from a wholesaler to the retailer's licensed premises.".

And that as so amended said bill 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 101 which was tabled.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 22, 32, 37, and 51 were delivered to her Excellency, the Governor, for her approval at 9:15 a.m.,
February 12, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1074, 1081, 1111, 1137, 1143, 1188, 1191, 1200, 1204, and 1242 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Wiik moved that the Senate do concur in House amendments to SB 44.

The question being on Sen. Wiik's motion that the Senate do concur in House amendments to SB 44.

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; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Nelson

Excused:
Novstrup; Russell

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

SR 3 Introduced by: Senators Nelson, DiSanto, Foster, Jensen (Phil), Kolbeck, Maher, Monroe, Nesiba, Russell, Stalzer, and Sutton

A RESOLUTION, 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 RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that 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.

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

SCR 8 Introduced by: Senators Steinhauer, Blare, Cronin, Curd, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Langer, Maher, Monroe, Nelson, Nesiba, Novstrup, Partridge, Rusch, Schoenbeck, Soholt, Solano, Sutton, Wismer, and Youngberg and Representatives Jensen (Kevin), Bartels, Barthel, Bordeaux, Brunner, Diedrich, Greenfield (Lana), Gross, Howard, Johns, Johnson (David), Lesmeister, Livermont, Marty, Milstead, Otten (Herman), Peterson (Sue), Rasmussen, Reed, Ring, Saba, Smith (Jamie), Steele, Wiese, Willadsen, and York

A CONCURRENT RESOLUTION, Requesting Congress to lawfully change the Medicaid eligibility requirements to give states the option to provide Medicaid services to persons in jail pending disposition.

WHEREAS, a basic principle of the United States judicial system is that citizens charged with a crime are innocent until proven guilty; and

WHEREAS, the United States and South Dakota have determined it is right and appropriate to care for our most vulnerable citizens through the Medicaid program, and county jails are populated by many persons who have serious medical conditions and mental illnesses or who are the parents of small children who qualify for Medicaid benefits; and

WHEREAS, the jail population in the United States is growing faster than the prison population, and approximately two-thirds of the jail population consists of those pending disposition who remain innocent until proven guilty and who are currently not being treated equally to those awaiting trial who obtained bail and were released awaiting adjudication; and

WHEREAS, providing Medicaid services to persons in jail pending disposition will increase the likelihood that the provision of services is continuous once the person reenters the community; and

WHEREAS, section 1905(a)(A) of the Social Security Act prevents South Dakota from providing Medicaid services to persons in jail pending disposition who would otherwise be covered under the Medicaid policies of South Dakota:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature requests the United States Congress to amend the Social Security Act to allow states to provide Medicaid services to those persons presumed innocent in jail awaiting trial; and

BE IT FURTHER RESOLVED, that the secretary of the senate transmit copies of this resolution to the Speaker and Clerk of the United States House of Representatives, the President and Secretary of the United States Senate, the United States Secretary of Health and Human Services, and to the South Dakota congressional delegation.

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

SCR 9 Introduced by: Senators Nelson, Blare, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Maher, Monroe, Novstrup, Russell, Stalzer, and Sutton and Representatives Frye-Mueller, Brunner, Dennert, Deutsch, Goodwin, Gosch, Hansen, Haugaard, Johnson (Chris), Johnson (David), Latterell, Livermont, Marty, Perry, Peterson (Sue), Pischke, Qualm, Randolph, Rasmussen, Steele, Weis, Willadsen, and Zikmund

A CONCURRENT RESOLUTION, Petitioning Congress and the President to immediately defund Planned Parenthood of all federal funding; strongly condemning the recent unrestrictive abortion law passed in New York state; and, expressing South Dakotans' continued resolve to secure the blessings of life and liberty for our posterity.

WHEREAS, New York state recently passed one of the most barbaric abortion laws in United States history, essentially making it legal to abort a baby at any stage of pregnancy, up to the moment of birth, and even removed legal protections for babies born alive from botched abortions; and

WHEREAS, many South Dakotans were disgusted by the gruesome cheering at the passage and signing of New York state's bill, and the carnage it means for innocent unborn babies; and

WHEREAS, the purpose of the United States Constitution is "to secure the blessings of liberty to ourselves and our posterity"; and

WHEREAS, the passage of such proabortion laws are a curse on the blessing of liberty, to our posterity, and to ourselves; and

WHEREAS, according to its latest annual report, the Planned Parenthood Federation of America and its affiliates were responsible for 332,757 abortions in the United States in 2018, thereby representing an increase of approximately 11,000 abortions from the prior year and increasing the total number of babies killed to more than an estimated 8,326,000; and

WHEREAS, Planned Parenthood's total revenue in fiscal year 2017 was $1.665 billion, including $563.8 million from tax payer funding _ record highs for both categories; and

WHEREAS, according to the Center for Responsive Politics, Planned Parenthood's advocacy and political arms spent more than $8.1 million in 2018 to oppose Republicans and elect political candidates sympathetic to their immoral policy objectives on abortion; and

WHEREAS, according to data from the Centers for Disease Control and Prevention, Planned Parenthood provides about one-third to one-half of all abortions in the United States; and

WHEREAS, Planned Parenthood referred only 2,831 women to adoption services during the entire year of 2018 _ about 1,000 less than the year before; and

WHEREAS, Planned Parenthood claims it is a health organization, yet its annual report shows a dramatic decrease in most of its non-abortion services _ the issuance of contraceptives was down by 80,000, cancer screenings were down by 45,000, and other "women's health services," such as well-woman exams and prenatal services decreased by 13,000; and

WHEREAS, Planned Parenthood President Dr. Leana Wen recently acknowledged that abortion is not just a service the organization provides, but it is Planned Parenthood's core mission; and

WHEREAS, in July 2015, investigative journalists with the Center for Medical Progress began releasing a series of undercover videos in which various senior leaders of Planned Parenthood spoke in astonishingly frank, horrific, and euphemistic ways about unborn babies, their use of illegal abortion methods, and their harvesting of tissues and organs from unborn babies to further profit from the practice of abortion; and

WHEREAS, contrary to claims by Planned Parenthood and its allies that the videos were edited in a manner to falsely portray the participants' intent, the veracity of the videos has been verified by two different experts, one of whom was commissioned by the Planned Parenthood Federation of America; and

WHEREAS, for their efforts in exposing the illegal activities of Planned Parenthood and others in the abortion industry, leaders of the Center for Medical Progress have been subjected to censorship of their videos, politically motivated lawsuits, criminal charges, and continuing legal jeopardy, including being held in contempt of court for recently releasing new undercover videos; and

WHEREAS, the United States House of Representatives Select Investigative Panel on Infant Lives and the United States Senate Judiciary Committee have each made criminal referrals to the Department of Justice and the Federal Bureau of Investigation after each found evidence that Planned Parenthood and others in the abortion industry may have violated federal law by the use of illegal abortion methods, including late-term, partial-birth, and born-alive abortions, and the procurement of fetal tissue for profit; and

WHEREAS, although in 2015, the U.S. House of Representatives voted 241-187 to approve H.R. 3134, the Defund Planned Parenthood Act of 2015, the legislation has languished and Planned Parenthood continues to receive more than half a billion dollars each year from United States taxpayers; and

WHEREAS, our children and pre-born children are our posterity; and

WHEREAS, our most important blessing is the right to life; and

WHEREAS, the right to life of all innocent persons is God-given and unalienable; and

WHEREAS, it has been forty-six years since the Roe v. Wade decision of the Supreme Court of the United States and the assault on these core principles; and

WHEREAS, an estimated sixty-one million, forty-four thousand nine hundred thirty-eighty babies have been aborted in the United States since 1973; and

WHEREAS, because South Dakota Codified Law § 26-1-2 states, "A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth," every time we allow a conceived child to be aborted, we fail in our lawful duty to protect their interests:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature commits to providing all pre-born children their God-given right to exist and commits to appropriate protections by the Fifth and Fourteenth Amendments to the United States Constitution, and emphatically urges the South Dakota Supreme Court, the Governor of South Dakota, the Attorney General of South Dakota, and the Supreme Court of the United States to take all actions necessary to do so; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature strongly condemns the recent unrestrictive abortion law passed in New York state as barbaric and inhumane; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature denounces the immoral abortion agenda and practices of the Planned Parenthood Federation of America and its affiliates, especially their role in the unjust killing of 332,757 precious unborn babies in 2018, the use of particularly gruesome illegal abortion methods, and profiteering from harvesting unborn babies' tissues and organs; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the United States Congress and President Donald Trump to defund Planned Parenthood immediately and completely end all federal government support and tax payer funding; and

BE IT FURTHER RESOLVED, that we urge the United States Department of Justice to pursue criminal charges against the Planned Parenthood Federation of America and its affiliates for their use of illegal abortion methods, trafficking in and profiting from the harvesting of unborn babies' tissues and organs, and any other actions that may be in violation of federal law; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds to vote against all legislation providing funding to Planned Parenthood and to sponsor legislation to immediately and completely end all federal government support and tax payer funding of Planned Parenthood; and

BE IT FURTHER RESOLVED, that the chief clerk of the House of Representatives prepare copies of this resolution and forward them to the President of the United States, the speaker and clerk of the United States House of Representatives, the president and secretary of the United States Senate, the Attorney General of the United States, Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds.

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

HCR 1005: A CONCURRENT RESOLUTION, Petitioning Congress and the President to defend Israel against hostile actions; expressing the strongest support for, and unity with, the people and State of Israel; and strongly condemning the Boycott, Divestment, and Sanctions movement and the increasing incidents of anti-Semitism against Israel and the Jewish people.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1005 on the calendar of Wednesday, February 13^th, the 23^rd legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on SB 145 as found on page 326 of the Senate Journal; also

State Affairs on SB 148 as found on page 327 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

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 on January 28, 2019, and today the President Pro Tem assigned this bill to the Senate Committee on Appropriations.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1074: FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

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

HB 1081: FOR AN ACT ENTITLED, An Act to authorize certain paraplegic or amputee veterans or their surviving spouses to retain a property tax exemption without having to reapply each year.

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

HB 1111: FOR AN ACT ENTITLED, An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.

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

HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pharmacy benefit managers.

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

HB 1143: FOR AN ACT ENTITLED, An Act to revise provisions regarding contribution limits to political action committees.

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

HB 1188: FOR AN ACT ENTITLED, An Act to revise provisions regarding fertilizer inspection fees.

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

HB 1191: FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

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

HB 1200: FOR AN ACT ENTITLED, An Act to require the posting of contact information for persons serving on a board of township supervisors.

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

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain sales of goods and services by minors from the sales tax.

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

HB 1242: FOR AN ACT ENTITLED, An Act to include opossums within the definition of predator.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital liens.

SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury lists.

Were read the second time.

The question being “Shall SB 70 pass as amended and 163 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; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Russell

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 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding instruction and restricted driving permits.

Was read the second time.

93jg

Sen. Soholt moved that SB 93 be amended as follows:

On page 5, line 3, of the Senate Transportation Committee engrossed bill, delete "or".

On page 5, line 5, before "." insert ";

(3) Operating the motor vehicle while going directly to or from any religious worship service held by a religious organization; or

(4) Operating the motor vehicle while going to, from or in connection with any job, employment or farm-related work".

Which motion prevailed.

The question being “Shall SB 93 pass as amended?”

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Curd; Ewing; Foster; Heinert; Kennedy; Nesiba; Otten (Ernie); Partridge; Rusch; Smith (VJ); Soholt; Solano; Steinhauer; Sutton; White; Wismer

Nays:
Cronin; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Schoenbeck; Stalzer; Wiik; Youngberg

Excused:
Russell

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 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the common language of the state.

Was read the second time.

126kb

Sen. Heinert moved that SB 126 be amended as follows:

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

On page 1, line 9, delete "Lakota" and insert "Dakota".

Which motion prevailed.

The question being “Shall SB 126 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Russell

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

The question being on the title.

Sen. Heinert moved that the title to SB 126 be amended.

Sen. Greenfield (Brock) moved that consideration of title amendments to SB 126 be placed to follow SB 114 on today's calendar.

Which motion prevailed.

SB 112: FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.

Was read the second time.

The question being “Shall SB 112 pass?”

And the roll being called:

Yeas 7, Nays 27, Excused 1, Absent 0

Yeas:
Blare; Cammack; Heinert; Maher; Nelson; Stalzer; Wismer

Nays:
Bolin; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; Sutton; White; Wiik; Youngberg

Excused:
Russell

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

SJR 4: A JOINT RESOLUTION, Rescinding House Joint Resolution 1001, adopted by the Ninetieth Legislature of the State of South Dakota.

Was read the second time.

The question being “Shall SJR 4 pass?”

And the roll being called:

Yeas 16, Nays 17, Excused 2, Absent 0

Yeas:
Ewing; Foster; Greenfield (Brock); Heinert; Kennedy; Klumb; Nelson; Nesiba; Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Steinhauer; Wismer

Nays:
Blare; Bolin; Cammack; Curd; DiSanto; Jensen (Phil); Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Stalzer; Sutton; White; Wiik; Youngberg

Excused:
Cronin; Russell

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

Sen. Greenfield (Brock) announced his intention to reconsider the vote by which SJR 4 was lost.

SB 114: FOR AN ACT ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

Was read the second time.

The question being “Shall SB 114 pass?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Cronin; Partridge; Russell; Sutton; Wiik

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.

The question being on the title of SB 126.

126dta

Sen. Heinert moved that the title to SB 126 be amended as follows:

On page 1, line 2, of the Senate State Affairs Committee engrossed bill, after "state" insert "and to recognize the official indigenous language of the state".

Which motion prevailed and the title was so amended.

Sen. Langer moved that SJR 2 be deferred to Wednesday, February 13^th, the 23^rd legislative day.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the possession of firearms on certain vehicles.

Was read the second time.

The question being “Shall HB 1054 pass?”

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wismer; Youngberg

Excused:
Cronin; Greenfield (Brock); Nesiba; Partridge; Russell; Sutton; Wiik

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.

HB 1039: FOR AN ACT ENTITLED, An Act to provide for the use of the Obligation Recovery Center by certain postsecondary technical institutes.

Was read the second time.

The question being “Shall HB 1039 pass?”

And the roll being called:

Yeas 25, Nays 3, Excused 7, Absent 0

Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Nelson; Novstrup; Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wismer; Youngberg

Nays:
Heinert; Kennedy; Monroe

Excused:
Cronin; Greenfield (Brock); Nesiba; Partridge; Russell; Sutton; Wiik

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.

HB 1057: FOR AN ACT ENTITLED, An Act to revise the definition of attest for the purposes of public accountancy.

Was read the second time.

The question being “Shall HB 1057 pass as amended?”

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Cronin; Greenfield (Brock); Nesiba; Partridge; Russell; Sutton; Wiik

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.

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

REPORTS OF STANDING COMMITTEES

The President Pro Tem appointed Sen. Klumb to the Senate Judiciary Committee for Tuesday, February 12^th, the 22^nd legislative day in Sen. Russell's absence.

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 71, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Arthur Rusch, Vice Chair

SIGNING OF BILLS

The President publicly read the title to

HB 1024: FOR AN ACT ENTITLED, An Act to authorize certain species of game fish to be used as bait.

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.

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 17 Introduced by: Senators Russell and Nelson and Representatives Goodwin, Frye-Mueller, and Livermont

A LEGISLATIVE COMMEMORATION, Honoring the 130th anniversary of the establishment of the Michael J. Fitzmaurice State Veterans Home.

WHEREAS, the South Dakota State Veterans Home was established on November 11, 1889, in the mild climate and beautiful scenery of the Southern Black Hills, to provide care for

the soldiers and sailors of South Dakota who were incapable of earning a living due to old age or wounds; and

WHEREAS, November 11, 1989, marked the 100th anniversary of the laying of the cornerstone in the Main Building. The State Veterans Home celebrated in style with a parade, a campfire, the opening of the time capsule from the cornerstone, and an executive proclamation from then Governor George S. Mickelson; and

WHEREAS, the State Veterans Home has provided such care to the veterans, their spouses, and their widows in a quality manner for the past one hundred thirty years; and

WHEREAS, the State Veterans Home has enjoyed the continuous support of the Veterans organizations of South Dakota for the past one hundred thirty years; and

WHEREAS, the State Veterans Home has initiated remodeling projects to upgrade the physical environment of the State Veterans Home in preparation for the services needed by the retiring Veterans of World War II, the Korean War, and the Vietnam War:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the State Veterans Home be commended and honored on its 130th anniversary.

SC 18 Introduced by: Senators Solano, DiSanto, Jensen (Phil), Partridge, Soholt, and White

A LEGISLATIVE COMMEMORATION, Congratulating Owen Ponto of Rapid City, South Dakota for the extraordinary honor of winning a 2019 Prudential Spirit of Community Award.

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Mr. Ponto earned this award by giving generously of his time and energy to his community by introducing an annual hill-climbing event that raised seventeen thousand dollars to help find a cure for Parkinson's disease; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Mr. Ponto who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and honors Owen Ponto as a recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of volunteer service, peer leadership and community spirit, and extends best wishes for his continued success and happiness.

SC 19 Introduced by: Senators Nesiba, Curd, Kolbeck, Otten (Ernie), Soholt, Solano, Stalzer, Steinhauer, and Sutton

A LEGISLATIVE COMMEMORATION, Congratulating Abby Neff of Sioux Falls, South Dakota, on the extraordinary honor of winning a 2019 Prudential Spirit of Community Award.

WHEREAS, Ms. Neff earned this award by giving generously of her time and energy to her community by collecting more than twenty-five thousand recycled crayons and other art and educational supplies to an estimated ten thousand children in need in the United States and abroad; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Neff who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and honors Abby Neff as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership and community spirit, and extends best wishes for her continued success and happiness.

Sen. Jensen (Phil) moved that the Senate do now adjourn, which motion prevailed and at 3:55 p.m. the Senate adjourned.

Kay Johnson, Secretary