JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 14, 2019

The Senate convened at 12:45 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Valerie Hummel LaBounty, followed by the Pledge of Allegiance led by Senate page Vanessa Tschetter.

Roll Call: All members present except Sens. Curd, Nelson, and Russell 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 twenty-third 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

February 13, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on February 13, 2019, I approved Senate Bills 10 and 25, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1079 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 SB 65 and returns the same with the recommendation that said bill be amended as follows:

65ka

On page 5 of the printed bill, delete lines 1 to 4, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Phil Jensen, Chair

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 96 and returns the same with the recommendation that said bill be amended as follows:

96bb

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

"
Section 1. That chapter 13-65 be amended by adding a NEW SECTION to read:

Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by § 10-44-2. Claims for tax credits on quarterly payments shall be reported to the Division of Insurance on a form prescribed by the director. Pursuant to § 13-65-8, a company must report the amount and specify, at the time of contribution, the quarter to which the premium tax credit shall be applied. No tax credit claimed under this section may reduce a quarterly payment otherwise required by § 10-44-2 to an amount less than zero. A company shall report all reductions in quarterly payments pursuant to this section on its annual premium tax return.

Section 2. That § 13-65-2 be amended to read:

13-65-2. The partners in education tax credit program is hereby established. Through the program, any company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2, may claim credit for contributions made to the scholarship granting organization. The tax credit may be claimed by the company on the annual premium tax return in an amount ~~equal to,~~ equaling up to ~~eighty~~ one hundred percent, of the total contributions made to the scholarship granting organization in the previous taxable year. ~~However, no~~

No tax credit may be claimed pursuant to this chapter for the portion of the tax that is collected and set aside for workers' compensation coverage as provided in subdivision 10-44-2(4) or for the tax that is levied on fire insurance premiums pursuant to § 10-44-9. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 188 and returns the same with the recommendation that said bill be amended as follows:

188ca

On page 1, line 6, of the printed bill, after "~~eleven~~" insert "once in high school".

And that as so amended said bill do pass.

Respectfully submitted,
Alan Solano, Chair

The President Pro Tem appointed Sen. Langer to the Senate Commerce and Energy Committee for Thursday, February 14^th, the 24^th legislative day in Sen. Curd's absence.

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of David Wheeler of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Douglas J. Hajek of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority 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 Commerce and Energy respectfully reports that it has had under consideration SB 135 and 184 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 134 which was tabled.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 105 and 125 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
John Wiik, Chair

The President Pro Tem appointed Sen. Klumb and Sen. Langer to the Senate Judiciary Committee and Sen. Rusch to be the Chairman for Thursday, February 14^th, the 24^th legislative day in Sens. Russell and Nelson's absence.

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1029 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
HB 1003, 1047, and 1049 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 Judiciary respectfully reports that it has had under consideration
SB 115 and returns the same with the recommendation that said bill be amended as follows:

115ya

On page 2, line 16, of the printed bill, after "chamber" insert "or other access-controlled private office under the supervision of security personnel".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
SB 127 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Arthur Rusch, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 129 and finds the same correctly enrolled.

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 failed to concur in
SCR 6.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 129 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1103, 1117, and 1216 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 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 Meagan Canfield, Jade Evans, Emily Foiles,
    Erica Howard, Sabrina Kintz, Anna Schwader, Kaelyn Somsen, Bethany Swift,
    Vanessa Tschetter, Denim Varland, and Ronni Walton.

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. Youngberg moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Youngberg's motion that Senate Page Resolution 3 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Nelson; Russell

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

HCR 1006: A CONCURRENT RESOLUTION, Instructing South Dakota's congressional representatives to support an effort in Congress to terminate the U.S. Department of Education.

Was read the first time, but was not assigned

Sen. Langer moved that SB 120 and 122 and HB 1073 be deferred to Tuesday,
February 19^th, the 25^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

68ka

On page 1, line 5, of the printed bill, before "misrepresents" insert "intentionally".

On page 1, after line 9, insert:

For the purposes of this section, an intentional violation occurs when the party committing the violating knew or should have known that the conduct was a violation of this section.".

68ba

On page 1, line 5, of the printed bill, before "misrepresents" insert "intentionally".

On page 1, after line 9, insert:

For the purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this section.".

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 SB 147 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 77 as found on page 364 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Cronin moved that SJR 5 be placed on the calendar of Tuesday, February 19^th,
the 25^th legislative day.

The question being on Sen. Cronin motion that SJR 5 be placed on the calendar of Tuesday, February 19^th, the 25^th legislative day.

And the roll being called:

Yeas 20, Nays 11, Excused 4, Absent 0

Yeas:
Blare; Cammack; Cronin; Greenfield (Brock); Kennedy; Langer; Maher; Monroe; Nesiba; Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White; Wiik; Wismer

Nays:
Bolin; DiSanto; Ewing; Foster; Heinert; Jensen (Phil); Klumb; Kolbeck; Novstrup; Otten (Ernie); Steinhauer

Excused:
Curd; Nelson; Russell; Youngberg

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SJR 5 was so placed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of
M. Gregory DeSautel of Lincoln County, Sioux Falls, South Dakota, to the position of Secretary of the Department of Social Services.

The question being “Does the Senate advise and consent to the executive appointment of M. Gregory DeSautel pursuant to the executive message as found on page 258 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Nelson; Russell

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 Ed Ligtenberg, to the South Dakota Board of Pardons and Parole.

The question being “Does the Senate advise and consent to the executive appointment of Ed Ligtenberg pursuant to the executive message as found on page 118 of the Senate Journal?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Curd; Nelson; Russell; Wiik

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 Gregg A. Gass, to the South Dakota Board of Pardons and Paroles.

The question being “Does the Senate advise and consent to the executive appointment of Gregg A. Gass pursuant to the executive message as found on page 206 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Nelson; Russell

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 Tim Reisch of Pennington County, Rapid City, South Dakota, to the position of Adjutant General.

The question being “Does the Senate advise and consent to the executive appointment of Tim Reisch pursuant to the executive message as found on page 88 of the Senate Journal?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Curd; Foster; Nelson; Russell

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
Thomas G. Croymans of Brown County, Aberdeen, South Dakota, as the Assistant Adjutant General, Army.

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

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Curd; Nelson; Partridge; Russell

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 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm machinery.

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

HB 1117: FOR AN ACT ENTITLED, An Act to establish immunity from liability for injuries to or the death of a person engaged in off-road vehicle activity under certain circumstances.

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

HB 1216: FOR AN ACT ENTITLED, An Act to increase certain civil penalties for fleeing from police.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 124: FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vehicle dealer licensing.

HB 1068: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate rules to allow certain motor vehicles to follow another motor vehicle on a state highway more closely than otherwise permitted by law.

HB 1077: FOR AN ACT ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.

HB 1072: FOR AN ACT ENTITLED, An Act to correct a definition in the Uniform Unsworn Domestic Declarations Act.

HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

HB 1124: FOR AN ACT ENTITLED, An Act to require health care facilities that perform mammography to inform mammography patients on breast density.

Were read the second time.

The question being “Shall SB 124 and HB 1092 pass as amended and HB 1059, 1068, 1077, 1072, and 1124 pass?”

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

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

Excused:
Cronin; Curd; Nelson; Partridge; Russell; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 149: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee and an expedited registration fee.

Was read the second time.

The question being “Shall SB 149 pass as amended?”

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

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

Nays:
DiSanto; Jensen (Phil); Maher; Monroe; Schoenbeck; Steinhauer

Excused:
Curd; Nelson; Russell

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

The question being on the title.

149jta

Sen. Cammack moved that the title to SB 149 be amended as follows:

On page 1, line 2, of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after "application fee" and insert ".".

Which motion prevailed and the title was so amended.

SB 95: FOR AN ACT ENTITLED, An Act to establish standards regarding operation of certain inflatable amusement devices.

Was read the second time.

The question being “Shall SB 95 pass as amended?”

And the roll being called:

Yeas 16, Nays 15, Excused 4, Absent 0

Yeas:
Bolin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Kennedy; Langer; Maher; Monroe; Novstrup; Rusch; Stalzer; Steinhauer; Sutton; Wiik; Wismer

Nays:
Blare; Cammack; Cronin; Heinert; Klumb; Kolbeck; Nesiba; Otten (Ernie); Partridge; Schoenbeck; Smith (VJ); Soholt; Solano; White; Youngberg

Excused:
Curd; Foster; Nelson; Russell

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

The President Pro Tempore now presiding.

SB 164: FOR AN ACT ENTITLED, An Act to provide uniform procedures for the reporting of and investigation of missing and murdered indigenous women.

Was read the second time.

164ka

Sen. DiSanto moved that SB 164 be amended as follows:

On page 1, line 7, of the printed bill, after "women" insert "and children".

On page 1, line 11, after "women" insert "and children".

On page 1, after line 12, insert:

" Section 2. That chapter 23-3 be amended by adding a NEW SECTION to read:

The Division of Criminal Investigation shall collect data and share information on missing and murdered indigenous persons in cooperation with similar divisions, bureaus, or departments of other states, tribal governments or law enforcement agencies, county or municipal governments and law enforcement agencies, the Bureau of Indian Affairs of the U.S. Department of the Interior, or the Bureau of Investigation of the U.S. Department of Justice.".

Which motion prevailed.

The question being “Shall SB 164 pass as amended?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Curd; Foster; Nelson; 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.

164kta

Sen. DiSanto moved that the title to SB 164 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish procedures for the investigation of certain missing and murdered indigenous persons.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

COMMEMORATIONS

SC 23 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring and commending Travis Ehrisman, high school science teacher, on being named Tea Area School District Teacher of the Year.

WHEREAS, Travis Ehrisman works hard to guarantee that all students achieve and grow in a safe educational environment; and

WHEREAS, the Tea Area School District partners with the Tea Area Parent Teacher Organization to facilitate the Tea Area Teacher of the Year selection; and

WHEREAS, Ehrisman has demonstrated exceptional commitment to his students by developing challenging curriculum and has been instrumental in the implementation and expansion of high school academic programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends Travis Ehrisman as the Tea Area School District Teacher of the Year.

SC 24 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking Lincoln County Officer Travis Johns on being named South Dakota Officer of the Year in 2018 by the South Dakota Association of School Resource Officers.

WHEREAS, Officer Travis Johns, with the generous support of his family and the Harrisburg School District, served South Dakotans with selfless dedication to their safety; and

WHEREAS, the actions and performance of Officer Travis Johns are in keeping with the highest traditions of the South Dakota school resource officers; and

WHEREAS, Travis Johns is a mentor and friend to the Harrisburg community and others in law enforcement:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Resource Officer Travis Johns for his outstanding career commitment and service to the citizens of South Dakota.

SC 25 Introduced by: Senators Otten (Ernie), Curd, and Youngberg and Representatives Otten (Herman), Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring and commending Harrisburg student Andrea Brander, winner of two grand championships at the 2018 South Dakota State 4-H Horse Show.

WHEREAS, Brandner and her horse, Simon Says Sensational, won championships in seat equitation and another in stock seat equitation; and

WHEREAS, Brandner has displayed dedication and overcome obstacles in the field of equestrian activities; and

WHEREAS, Brandner has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment to 4-H and horsemanship:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends Andrea Brander on winning two championships at the 2018 South Dakota State 4-H Horse Show.

Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at
2:06 p.m. the Senate adjourned.

Kay Johnson, Secretary