JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 28, 2019

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

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate pages Grace Trefz and Layne Uecker.

Roll Call: All members present except Sen. Curd 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 thirty-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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1254 and 1264 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1187 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4, of the House Military and Veterans Affairs Committee engrossed bill, delete "one" and insert "two" and delete "($100,000)" and insert "($200,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1229 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
John Wiik, Chair

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1050 and 1272 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1193 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 Judiciary respectfully reports that it has had under consideration
HB 1110 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 14, of the House engrossed bill, delete "forty-eight" and insert "twenty-four".

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

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1053 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 1032 and 1202 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1191 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 53, 63, 85, 100, 113, 121, and 154 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 53, 63, 85, 100, 113, 121, and 154 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 55, 64, 70, 72, and 73 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 117 and 148 were lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1256 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 4 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 Melody Beaulieu, Taylor Eggert, Adam Forman, Caitlin Kroemer, Abby Moon, Tori Rasmussen, Grace Trefz, Layne Uecker, Reese Uecker, Katelynn M. Van Dusseldorp, and Avery Weinheimer.

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. Bolin moved that Senate Page Resolution 4 be adopted.

The question being on Sen. Bolin's motion that Senate Page Resolution 4 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; 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; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Curd

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

Sen. Stalzer moved that the Senate do concur in House amendments to SB 84.

The question being on Sen. Stalzer's motion that the Senate do concur in House amendments to SB 84.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1055 as found on page 532 of the Senate Journal; also

State Affairs on HB 1094 as found on page 533 of the Senate Journal; also

Joint Committee on Appropriations on SB 173 as found on page 534 of the Senate
Journal; also

Joint Committee on Appropriations on SB 176 as found on page 534 of the Senate
Journal; also

Joint Committee on Appropriations on SB 178 as found on page 535 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1256: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1256 on the calendar of
Monday, March 4^th, the 33^rd legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1080: FOR AN ACT ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability and the surviving spouses of certain veterans with a disability.

HB 1122: FOR AN ACT ENTITLED, An Act to revise references to persons who are deaf or hard of hearing.

HB 1176: FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo removal by municipalities.

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.

Were read the second time.

The question being “Shall HB 1080 pass as amended and HB 1122, 1176, and 1081 pass and?”

And the roll being called:

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

Excused:
Curd; Nelson

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 8: FOR AN ACT ENTITLED, An Act to provide for a statewide resource information system and to make an appropriation therefor.

Was read the second time.

The question being “Shall SB 8 pass as amended?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, 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; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Nays:
Partridge

Excused:
Curd; Nelson

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.

SB 128: FOR AN ACT ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

Was read the second time.

The question being “Shall SB 128 pass as amended?”

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
DiSanto; Jensen (Phil); Nelson; Novstrup; Otten (Ernie); Schoenbeck; Sutton

Excused:
Curd

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.

SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a health services building and renovation at the Jameson Prison Annex on the grounds of the state penitentiary and to declare an emergency.

Was read the second time.

The question being “Shall SB 174 pass?”

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Cronin; Greenfield (Brock); Jensen (Phil); Klumb; Nelson

Excused:
Curd

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.

SB 177: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to remodel an existing structure in Sturgis for use as the state metrology lab, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall SB 177 pass?”

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Greenfield (Brock); Jensen (Phil); Maher; Monroe; Nelson

Excused:
Curd

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.

SB 173: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain health care innovation grants, to require certain reports, expedite the nursing home rate methodology review, and to declare an emergency.

Was read the second time.

The question being “Shall SB 173 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Wiik

Excused:
Curd

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.

SB 176: FOR AN ACT ENTITLED, An Act to make an appropriation for the second century habitat fund and to declare an emergency.

Was read the second time.

The question being “Shall SB 176 pass as amended?”

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

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

Nays:
DiSanto; Foster; Heinert; Jensen (Phil); Kennedy; Nelson; Nesiba; Russell; Wismer

Excused:
Curd

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.

SB 178: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to Palisades State Park and to declare an emergency.

Was read the second time.

The question being “Shall SB 178 pass as amended?”

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Ewing; Jensen (Phil); Monroe; Nelson; Russell

Excused:
Curd

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.

Sen. Langer moved that HB 1066, 1155, 1022, 1216, 1181, 1212, 1204, 1111, 1171, and 1201 be deferred to Monday, March 4^th, the 33^rd legislative day.

Which motion prevailed.

Senator Cronin recognized the Cammack Ranch as the 2018 Leopold Conservation Award recipient referring to Senate Commemoration 33.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

SB 34: FOR AN ACT ENTITLED, An Act to make an appropriation for the replacement of the Elm Lake Dam spillway and to declare an emergency.

SB 36: FOR AN ACT ENTITLED, An Act to revise the membership of the State Workers' Compensation Advisory Council.

SB 40: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain real property to the Animal Industry Board.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

SB 53: FOR AN ACT ENTITLED, An Act to authorize certain retailers to offer quantity discounts or cash discounts for the purchase of alcoholic beverages.

SB 63: FOR AN ACT ENTITLED, An Act to increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

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

SB 77: FOR AN ACT ENTITLED, An Act to revise provisions regarding candidates running for office.

SB 78: FOR AN ACT ENTITLED, An Act to exempt certain medical providers from licensure.

SB 85: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

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

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

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

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

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

SB 143: FOR AN ACT ENTITLED, An Act to revise visitation rights of a person causing conception by rape or incest.

SB 154: FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater crustaceans.

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.

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

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

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.

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.

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.

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.

HB 1071: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding aviation.

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

And signed the same in the presence of the Senate.

SC 34 Introduced by: Senator Wiik and Representatives Deutsch and Mills

A LEGISLATIVE COMMEMORATION, Commending and honoring the Deuel County High School Gymnastics Team for winning the 2019 State A Gymnastics Championship.

WHEREAS, the Deuel Cardinals gymnastics team was exemplary in its unity and the accord of all its players: Morgan Kwasniewski, Karli Monnier, Kenzie Hamann, Rachel Blue, Brooklyn Peterson, Elise Hotzler, Alyson Hagberg, Annabelle Hawley, Zoe Schake, McKenna Olson, Brooklyn Giesel, Paige Simon, and Hope Bjerke; and

WHEREAS, the players and head coach Caitlin Steffensen and assistant coaches Lynne Hanten and Billie Jo Giesel showed outstanding character and dedication both in and out of the gym; and

WHEREAS, students, faculty, fans, and the community of the Deuel County High School Gymnastics Team showed great spirit and sportsmanship to help lead the team to the goal of winning the State A Championship two consecutive years:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and commends the Deuel County Gymnastics High School Gymnastics Team and its coaching staff for their excellent performances in the 2019 season.

SC 35 Introduced by: Senators Bolin, Blare, Cammack, Ewing, Greenfield (Brock), Kennedy, Klumb, Kolbeck, Langer, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Rusch, Schoenbeck, Smith (VJ), Stalzer, Steinhauer, Sutton, White, Wiik, and Youngberg and Representatives Jensen (Kevin), Anderson, Brunner, Duvall, Finck, Healy, Mills, Rounds, Steele, Willadsen, and Zikmund

A LEGISLATIVE COMMEMORATION, Recognizing and honoring the bravery of the Beresford FFA students who quickly and courageously acted to help the residents of a burning apartment building.

WHEREAS, Riley Johnson, Cadence Stewart, Kamrynn Sveeggen, Conner Thaler, Rebecca Tiedeman, Rachel Watkins, and Hayden Wilson noticed a fire at an apartment building and selflessly and quickly acted upon the situation; and

WHEREAS, the students joined others going door-to-door in the apartment building, alerting residents of the building in order for them to evacuate to safety; and

WHEREAS, the students successfully assisted in getting all the residents to safety with no injuries or lives lost; and

WHEREAS, the Beresford FFA students set an example to help others and influence members of the community which fits into the FFA creed:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends the Beresford FFA students who helped that day for their bravery and altruism to help the residents of the burning building.

SC 36 Introduced by: Senators Bolin, Blare, Cammack, Ewing, Greenfield (Brock), Heinert, Kennedy, Klumb, Kolbeck, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Schoenbeck, Smith (VJ), Stalzer, Steinhauer, Sutton, White, Wiik, and Youngberg and Representatives Anderson, Brunner, Duvall, Finck, Healy, Jensen (Kevin), Mills, Steele, Willadsen, and Zikmund

A LEGISLATIVE COMMEMORATION, Honoring the Canton High School wrestling team for their outstanding accomplishments during the 2018-2019 season.

WHEREAS, the 2018-2019 Canton wrestling team is under the direction of co-head coaches Jeremy Ask and Jeremy Swenson and won every dual match in the 2018-2019 season; and

WHEREAS, the 2018-2019 Canton wrestling team won the Dakota 12 Conference Tournament with a score of 258.5 points and the Region 2B Tournament with a score of 265 points; and

WHEREAS, all fourteen varsity wrestlers at the region meet qualified for the 2018-2019 State "B" Tournament and the team won the SDHSAA State "B" Championship with a score of 200 points; and

WHEREAS, the 2018-2019 team was led by seniors Braxton Trowbridge who finished fifth at state in the 120 lbs. division and Scott Peterson who finished second at state in the 182 lbs. division; and

WHEREAS, sophomore Braden Sehr won the state championship in the 126 lbs. division and junior Kellen March won the state championship in the 132 lbs. division:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors the Canton wrestling team, the co-coaches, team members, team managers, scorekeepers, other program participants, and the legion of Canton wrestling fans as they celebrate the 2018-2019 SDHSAA Class B state wrestling championship.

Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at
2:07 p.m. the Senate adjourned.

Kay Johnson, Secretary