JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




THIRTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 29, 2019

    The Senate convened at 11:00 a.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 page Sara Hemmingson.

    Roll Call: All members present except Sens. Maher, Partridge, Soholt, and Wismer 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 thirty-eighth 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

    Unless there is an objection, the President waived the reading of the executive communications regarding the bills the Governor has signed.

March 15, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 13, 2019, I approved Senate Bills 1, 70, 73, 99, and 124, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

March 18, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 18, 2019, I approved Senate Bills 55, 68, 96, 115, and 155, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

March 19, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March, 19, 2019, I approved Senate Bill 15, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor



March 20, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 20, 2019, I approved Senate Bills 3, 4, 16, 48, 54, 56, 61, 64, 66, and 72, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

March 21, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 21, 2019, I approved Senate Bills 59, 74, 91, 126, 149, 153, 164, 173, 174, 175, and 177, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

March 27, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 27, 2019, I approved Senate Bills 8, 118, 123, 128, 136, 137, 140, 146, 167, 172, 178, 179, 180, 181, 182, 187, 189, 190, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor



March 27, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 27, 2019, I approved Senate Bill 191, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

March 26, 2019

Dear Mr. President Rhoden and Members of the Senate:

I respectfully return Senate Bill 176 with the following recommendation as to STYLE and FORM. Senate Bill 176 is An Act to make an appropriation for the second century habitat fund.

Senate Bill 176 appropriates $1 million in one-time funds for pheasant habitat. Throughout the legislative debate on this bill, it was understood that these funds would come from dollars available in Fiscal Year 2019. That was how the bill was originally proposed and how it was explained throughout the legislative process. Even in the last week of the legislative session, materials prepared by legislators and legislative staff included these funds in the Fiscal Year 2019 budget.

As Senate Bill 176 passed in its final form, however, it did not include an effective date in Fiscal Year 2019. To carry out the objective of this bill in a manner consistent with the Legislature's clear intent, I recommend the following Style and Form correction to the Enrolled version of Senate Bill 176:

On Page 1, after Section 5, insert "Section 6. This Act is effective on June 28, 2019."

This clarification will allow the funds to be included in the Fiscal Year 2019 budget, as was intended. Because June 28, 2019 is ninety days from the final day of the legislative session, this effective date would not require an emergency clause.

I respectfully request you concur with my recommendation as to STYLE and FORM.

Kristi Noem
Governor



CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 176 as found on page 734 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being “Shall the recommendation of the Governor as to change of style and form of SB 176 be approved?”

    And the roll being called:

    Yeas 24, Nays 7, Excused 4, Absent 0

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

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

    Excused:
Maher; Partridge; Soholt; Wismer

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration
SR 7 and returns the same with the recommendation that said resolution be amended as follows:

r7ka

    On the printed resolution, delete lines 5 to 15, inclusive, and insert:

"

    WHEREAS, Winter Storm Ulmer brought freezing rain and drizzle, snow, high winds, and flooding, leading to blizzard conditions in many areas of South Dakota on March 13 to March 15, 2019; and

    WHEREAS, dangerous road and weather conditions led to the closure of schools, state offices, and many local government offices and caused interruptions in the normal course of mail delivery, school, business, and farm work activities; and

    WHEREAS, Governor Kristi Noem signed an executive order on March 15, 2019, declaring a state emergency due to the extreme weather conditions in the State of South Dakota; and

    WHEREAS, strong winds and rainfall caused damage to private homes and infrastructure damage, including ongoing flooding; and

    WHEREAS, the full impact of the damage to the state is yet to be realized and will continue to significantly affect farmers, ranchers, and South Dakota's entire agriculture industry; and

    WHEREAS, the Oglala Sioux Tribe's roads and water supply infrastructure were devastated, leaving residents stranded and without drinking water, and South Dakota National Guard members have been sent to provide drinking water and assist; and

    WHEREAS, the Rosebud Sioux Tribe is facing ongoing flooding and has opened dams and is preparing for additional flooding; and

    WHEREAS, the Cheyenne River Sioux Tribe officials have declared an emergency, and other tribes in the state have suffered damage and face the threat of flooding; and

    WHEREAS, some residents have been evacuated, including by helicopter, and South Dakotans, livestock, infrastructure, and wildlife remain at risk in certain areas:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature urges Representative Dusty Johnson and Senators Michael Rounds and John Thune to work with Governor Kristi Noem, the United States Congress, President Trump, and the Federal Emergency Management Agency to approve a Presidential Major Disaster Declaration and to provide aid for counties and tribes in South Dakota suffering from devastating effects created by the Winter Storm Ulmer blizzard and the subsequent flooding in its wake.".

    Delete pages 2 and 3, inclusive.

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    On page 1, line 1, of the printed resolution, delete everything after "RESOLUTION," and insert "Urging South Dakota's congressional representation to seek a federal disaster declaration and to provide federal aid for counties and tribes in South Dakota suffering from devastating effects created by Winter Storm Ulmer.".

    On page 1, delete lines 2 to 4, inclusive.

    And that as so amended said resolution be adopted.


Respectfully submitted,
Bob Ewing, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Greenfield moved that the report of the Committee on Legislative Procedure relative to the Joint Rules for the Ninety-fifth Legislative Session as found on pages 704-709 of the Senate Journal be adopted.

    The question being on Sen. Greenfield's motion that the report of the Committee on Legislative Procedure relative to the Joint Rules for the Ninety-fifth Legislative Session be adopted.

    And the roll being called:

    Yeas 25, Nays 6, Excused 4, Absent 0

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

    Nays:
DiSanto; Jensen (Phil); Monroe; Nelson; Russell; Schoenbeck

    Excused:
Maher; Partridge; Soholt; Wismer

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

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

    State Affairs on SR 7 as found on pages 735-736 of the Senate Journal be adopted.

    Which motion prevailed.

    There being no objection, the Senate reverted to Order of Business No. 8.


MOTIONS AND RESOLUTIONS

    SR 7: A RESOLUTION,  Urging South Dakota's congressional representation to seek a federal disaster declaration and to provide federal aid for counties and tribes in South Dakota suffering from devastating effects created by Winter Storm Ulmer.

    Was read the second time.

    Sen. Russell moved that SR 7 as found on pages 735-736 of the Senate Journal be adopted.

    The question being on Sen. Russell's motion that SR 7 be adopted.

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

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

    Excused:
Maher; Partridge; Soholt; White; Wismer

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

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Committee on Legislative Procedures relative to the Joint Rules for the two houses for the Ninety-fifth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has approved HB 1186 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the

State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 761-762 of the House Journal

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1186

Respectfully,
Sandra J. Zinter, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1186 as found on pages 761-762 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being “Shall the recommendation of the Governor as to change of style and form of HB 1186 be approved?”

    And the roll being called:

    Yeas 28, Nays 3, Excused 4, Absent 0

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

    Nays:
DiSanto; Jensen (Phil); Russell

    Excused:
Maher; Partridge; Soholt; Wismer

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

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


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of
SB 176, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to her Excellency, the Governor, at
4:50 p.m., March 29, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has approved SB 176 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Committee on Legislative Procedure for the purpose of fixing the time of adjournment sine die for the Ninety-fourth Legislative Session.

Respectfully,
Sandra J. Zinter, Chief Clerk

    There being no objection, the Senate reverted to Order of Business No. 4.


COMMUNICATIONS AND PETITIONS

March 29, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 29, 2019, I approved Senate Bill 176, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

Mr. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Governor has been informed that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if she has any further communications to make to the Legislature, and has been informed by her Excellency, the Governor, that she will not appear for the closing of the Ninety-fourth Legislative Session.


The closing prayer was offered by Lt. Governor Larry Rhoden.    

As stated a long time ago in sacred scripture, there is a time for everything. There is a time to begin and a time to end. Now is the time to end this session. It is hoped that the good work begun here will bring fruit to the people of South Dakota. That all issues brought to the attention of this body of senators have been addressed most properly for the greatest number of our state. As these good elected members go forth they do so fully cognitive they have done the best they could do. May each of them be open to all who approach them about the past, present or future. May you know of their genuine desire to faithfully represent those who have voted for them and those who may have voted against them. Bless them as they travel home to be with friends and family. The residents of Pierre have enjoyed being host and wish everyone the best. We continue to pray for those facing difficulties because of the flooding or any other natural disaster. Help throughout this spring and this summer with all that lies ahead. The Lord bless you and keep you;
The Lord make his face to shine upon you
and be gracious to you;
The Lord lift up his countenance upon you
and give you peace.
Amen

    Sen. Langer moved that the Senate do now adjourn sine die, which motion prevailed and at 5:14 p.m. the Senate adjourned.

Kay Johnson, Secretary