JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 26, 2019

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Abby Moon and Reese Uecker.

Roll Call: All members present except Sens. Solano and Wiik 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-ninth 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 Joint Committee on Appropriations respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

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

8ja

On page 1, line 5, of the Senate State Affairs Committee engrossed bill, delete "shall" and insert "may".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 128 and returns the same with the recommendation that said bill be amended as follows:

128ma

On page 1, line 5, of the printed bill, delete "six hundred" and insert "one dollar ($1)".

On page 1, line 6, delete "thousand dollars ($600,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 80, 102, and 156 which were tabled.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 158 which was deferred to the 41^st Legislative Day.

Respectfully submitted, Respectfully submitted,
John Wiik, Co-Chair Chris G. Karr, Co-Chair

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
HB 1001 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
HB 1066 and returns the same with the recommendation that said bill be amended as follows:

1066cd

On the House engrossed bill, delete all amendments, thus restoring the bill to the printed version.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
HB 1155 and returns the same with the recommendation that said bill be amended as follows:

1155ca

On page 1, line 8, of the printed bill, overstrike "a" and insert "an accredited".

And that as so amended said bill do pass.

Respectfully submitted,
Troy Heinert, Acting Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1009 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 HB 1196 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 Commerce and Energy respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

1022wa

On page 1, line 7, of the House Commerce and Energy Committee engrossed bill, after "indemnification" insert ",".

On page 1, line 10, delete "a contract for banking" and insert "contracts with banks regarding the establishment and maintenance of accounts for the provision of payment processing.".

On page 1, delete line 11.

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 the nomination of James Lust of Brown County, Aberdeen, 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 appointment.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1185 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1061, 1063, 1074, and 1103 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Lance Russell, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1084, 1090, 1093, 1130, 1132, 1177, 1193, 1195, 1209, 1219, 1251, 1272, and 1265 and HJR 1001 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 7: A CONCURRENT RESOLUTION, Directing the Executive Board to create a fifteen-member task force to study and make legislative proposals regarding alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances.

Was read the second time.

Sen. Kennedy moved that SCR 7 be laid on the table.

The question being on Sen. Kennedy's motion that SCR 7 be laid on the table.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Cronin; Solano; Wiik

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was tabled.

Sen. Langer moved that HB 1216 be deferred to Thursday, February 28^th,
the 32^nd legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1084: FOR AN ACT ENTITLED, An Act to provide for specific classification of affordable housing structures for purposes of taxation.

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

HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.

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

HB 1093: FOR AN ACT ENTITLED, An Act to establish legal standards applicable to petition challenges.

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

HB 1130: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain Class 2 misdemeanors.

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

HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the treatment of alcohol and drug abuse.

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

HB 1177: FOR AN ACT ENTITLED, An Act to revise provisions regarding the performance of a sonogram prior to an abortion.

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

HB 1193: FOR AN ACT ENTITLED, An Act to provide a criminal penalty for causing an abortion against a pregnant mother's will.

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

HB 1195: FOR AN ACT ENTITLED, An Act to revise provisions regarding juvenile justice.

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

HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vapor products.

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

HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding surplus line insurance.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1251: FOR AN ACT ENTITLED, An Act to license out-of-state multi-jurisdictional totalizator hubs and distribute source market fees to the special racing revolving fund and the South Dakota-bred racing fund.

Was read the first time and referred to the Senate Committee on Appropriations

HB 1265: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain tax rates.

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

HB 1272: FOR AN ACT ENTITLED, An Act to provide for remote notarization.

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

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.

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

SECOND READING OF CONSENT CALENDAR ITEMS

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 second time.

The question being “Shall HB 1200 pass as amended?”

And the roll being called:

Yeas 31, Nays 1, 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; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer

Nays:
Monroe

Excused:
Solano; Wiik; Youngberg

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 1215: FOR AN ACT ENTITLED, An Act to revise provisions regarding the posting of county and municipality ordinances.

Was read the second time.

The question being “Shall HB 1215 pass as amended?”

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Blare; Monroe; Partridge

Excused:
Solano; 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.

HJR 1004: A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.

Was read the second time.

The question being “Shall HJR 1004 be adopted as amended?”

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; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Excused:
Solano; Wiik

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution adopted and the title was agreed to.

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

Was read the second time.

The question being “Shall HB 1242 pass as amended?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Monroe

Excused:
Solano; Wiik

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 1076: FOR AN ACT ENTITLED, An Act to revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

Was read the second time.

The question being “Shall HB 1076 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; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Nays:
Kolbeck; Langer

Excused:
Solano; 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 1157: FOR AN ACT ENTITLED, An Act to revise provisions regarding challenges to candidate nominating petitions.

Was read the second time.

The question being “Shall HB 1157 pass?”

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; Nelson; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Nays:
Nesiba

Excused:
Solano; 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 1255: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1255 pass?”

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; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Nays:
Nelson

Excused:
Solano; Wiik

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 1258: FOR AN ACT ENTITLED, An Act to create the clean air act settlement fund, to make an appropriation from the fund, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1258 pass?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Nelson

Excused:
Solano; Wiik

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 1262: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

Was read the second time.

The question being “Shall HB 1262 pass?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Nelson

Excused:
Solano; Wiik

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

SIGNING OF BILLS

The President publicly read the title to

HB 1003: FOR AN ACT ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bid bonds for public improvement contracts.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

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

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

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

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

HB 1056: FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

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

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

HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult adoption.

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 1070: FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by confession.

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

HB 1073: FOR AN ACT ENTITLED, An Act to revise provisions regarding the locating and spotting of predators or varmints from a drone.

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

HB 1079: FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

HB 1082: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

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.

HB 1128: FOR AN ACT ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

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

HB 1159: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting mourning doves on public roads and highways.

HB 1198: FOR AN ACT ENTITLED, An Act to define activities that constitute human trafficking.

HB 1257: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to construct two storage buildings, to make an appropriation therefor, and to declare an emergency.

HB 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veteran's bonus program and to declare an emergency.

HB 1263: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction of a National Guard Readiness Center at the Rapid City Airport and to declare an emergency.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 32 Introduced by: Senators Heinert, Foster, Kennedy, Kolbeck, Monroe, Nesiba, Steinhauer, Wismer, and Youngberg and Representatives Reimer, Bordeaux, Cwach, Duba, Healy, Lesmeister, McCleerey, Pourier, Ring, Saba, Smith (Jamie), and Sullivan

A LEGISLATIVE COMMEMORATION, Honoring and congratulating Nash Hutmacher for winning the 285-pound weight class at the 2019 State Class A Wrestling Tournament for the third consecutive year, as well as his success in the sport of football.

WHEREAS, Nash Hutmacher has put forth hard work and dedication in remaining undefeated in the 2019 wrestling season, with an astounding record of 33-0; and

WHEREAS, Nash Hutmacher was the first freshman ever to receive the Wrestler of the Year award from the Mitchell Daily Republic in 2017, the first South Dakotan since 1990 to win the USA Wrestling Cadet Freestyle National Championship, and ranks 3rd in the country in wrestling according to the latest 2019 Flow Wrestling national rankings; and

WHEREAS, Nash Hutmacher won the 2019 State Class A Wrestling Tournament for his third consecutive year in a row. He pinned his opponent in the championship match in under nine seconds and pinned all four of his opponents in a total time of 1:59; and

WHEREAS, Nash Hutmacher has never lost a wrestling match in his high school career, further improving to a winning streak of 124 matches, a record that is relatively unheard of. His father, Joe Hutmacher, set state records for deadlift and squat in both the 275 and 319 pound weight classes and passed on his exceptional abilities and work ethic to his son; and

WHEREAS, Nash Hutmacher's supportive family and his desire to work hard, as both an athlete and an individual, have brought him enormous success and will continue to do so in his bright future and his success is not only in the sport of wrestling but also in the sport of football. As offensive tackle Hutmacher ranks first in the state of South Dakota and 17th in the whole country; and

WHEREAS, Nash Hutmacher is a four-star recruit as offensive tackle, the second highest star ranking possible, one that only a handful of talented athletes achieve, and his success in the sport of football has attracted multiple offers to continue his athletics at multiple Division I schools; and

WHEREAS, Nash Hutmacher's dedication and hard work in the sport of football and wrestling is incredible as well as his athleticism in both sports:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and congratulates Nash Hutmacher for his relentless efforts and his phenomenal victory at the 2019 State Class A Wrestling Tournament and for his success in the sport of football.

Sen. Blare moved that the Senate do now adjourn, which motion prevailed and at 2:51 p.m. the Senate adjourned.

Kay Johnson, Secretary