JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 29, 2019

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

    The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of Allegiance led by Senate page Nancy Flaherty.

    Roll Call: All members present except Sens. Curd, Novstrup, Schoenbeck, and Sutton 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 thirteenth 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 25, 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 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Gregg A. Gass to the South Dakota Board of Pardons and Paroles.

Enclosed is a copy of the following:

    1.    The Statement of Financial Interest
    2.    Senate Confirmation Information
    3.    Oath
    4.    The January 18, 2019, letter of appointment

    This appointment is effective February 1, 2019, and shall continue until January 16, 2023.

Sincerely,
Jason R. Ravnsborg
Attorney General


    The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Steve Westra of Minnehaha County, Sioux Falls, South Dakota, to the position of Commissioner of the Governor's Office of Economic Development 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 Jim Hagen of Minnehaha County, Sioux Falls, South Dakota, to the position of Secretary of the Department of Tourism and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Marcia Hultman of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of John Calvin of Codington County, Watertown, South Dakota, to the Board of Economic Development 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 57 which was tabled.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration
HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040ja

    On page 4 of the printed bill, delete lines 13 to 18, inclusive.


1040cd

    On page 3, line 1, of the printed bill, delete "world languages;" and insert "either of the following or a combination of the two:

            (i)    Career and technical education; and
            (ii)    World languages;".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Scott Knuppe of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Technical Education 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 Education respectfully reports that it has had under consideration the nomination of Rod Bowar of Lyman County, Kennebec, South Dakota, to the South Dakota Board of Technical Education 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 Education respectfully reports that it has had under consideration the nomination of Ed Mallett of Codington County, Watertown, South Dakota, to the South Dakota Board of Technical Education 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

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 59 and returns the same with the recommendation that said bill be amended as follows:


59ja

    On page 1, line 5, of the printed bill, after "party" insert "to any civil action or proceeding".

    On page 1, line 8, after "shown," delete "a" and insert "the".

    On page 1, line 8, after "within" delete "an" and insert "the settlement".

    On page 1, line 9, after "." insert "Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.".

    And that as so amended said bill do pass.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 40 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill be amended as follows:

43ba

    On page 1, line 6, of the printed bill, remove the overstrikes from "contractual agreements".

    On page 1, delete line 7, and insert "with Iowa State University the".

    On page 1, line 8, after "Minnesota" insert "or a future other accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion".

    On page 2, line 6, after "grants," insert "for South Dakota residents in the South Dakota State University veterinary program,".

    On page 2, line 9, delete "dedicated for" and insert "initially dedicated for to establish".
    On page 2, line 13, delete everything after "2020" and insert ", of which at least seventy-five percent shall be used to fund tuition grants for South Dakota residents in the program. The portion designated for tuition grants shall be adjusted annually based on the difference between the prior year and current year tuition rate for veterinary program at the University of Minnesota, or other future accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion".

    On page 2, line 14, delete everything before "." .

    On page 3, line 2, after "grants," insert "for South Dakota residents in the South Dakota State University veterinary program,".

    On page 3, line 5, delete "dedicated for" and insert "initially dedicated for to establish".

    On page 3, line 9, delete everything after "2020" and insert ", of which at least seventy-five percent shall be used to fund tuition grants for South Dakota residents in the program. The portion designated for tuition grants shall be adjusted annually based on the difference between the prior year and current year tuition rate for the veterinary program at the University of Minnesota, or other future accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion".

    On page 3, line 10, delete everything before "." .

    On page 3, after line 12, insert:

"    Section 4. That the code be amended by adding a NEW SECTION to read:

    At least six of the students receiving tuition grants each year pursuant to this Act shall be required to complete the graduate veterinary medicine education requirements to become a practicing veterinarian, commence practicing veterinary medicine in South Dakota within one year of graduation, and continue practicing veterinary medicine in South Dakota for at least four years thereafter. The Board of Regents shall enforce the requirements of the program in accordance with its authority as set forth in § 13-49-20.5.".

    And that as so amended 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 5 and 35 and finds the same correctly enrolled.


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 26 was delivered to her Excellency, the Governor, for her approval at 9:05 a.m., January 29, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith SB 5 and 35 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 24 was tabled.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1031.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1010, 1020, 1037, 1038, 1044, 1045, and 1067 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Langer moved that SB 62 be deferred to Wednesday, January 30th, the 15th legislative day.

    Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEE

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

    State Affairs on SB 76 as found on page 196 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

    The Senate proceeded to the consideration of the executive appointment of Jim Terwilliger of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue.

    The question being “Does the Senate advise and consent to the executive appointment of Jim Terwilliger pursuant to the executive message as found on page 90 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; Nelson; Nesiba; Otten (Ernie); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 149 Introduced by: Senators Cammack, Blare, Ewing, Klumb, and Maher and Representatives Brunner, Chaffee, Livermont, Marty, and Peterson (Kent)

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



    SB 150 Introduced by: Senators Maher, Curd, Heinert, Kennedy, and Youngberg and Representatives Pischke, Dennert, Finck, Healy, Lesmeister, and Smith (Jamie)

    FOR AN ACT ENTITLED, An Act to revise the penalty for possession of substances containing cannabis intended for consumption other than by smoking or inhalation.

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

    SB 151 Introduced by: Senator Bolin and Representative Jensen (Kevin)

    FOR AN ACT ENTITLED, An Act to revise the course requirements for the opportunity scholarship.

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

    SB 152 Introduced by: The Committee on Education

    FOR AN ACT ENTITLED, An Act to improve civics education in South Dakota public schools.

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

    SB 153 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

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

    SB 154 Introduced by: Senators Youngberg, Blare, Bolin, Cammack, Cronin, Curd, DiSanto, Ewing, Foster, Greenfield (Brock), Heinert, Jensen (Phil), Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Schoenbeck, Smith (VJ), Soholt, Solano, Stalzer, Steinhauer, Sutton, White, Wiik, and Wismer and Representatives Wiese, Beal, Brunner, Chaffee, Chase, Duvall, Finck, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Haugaard, Healy, Howard, Jensen (Kevin), Karr, Lesmeister, Marty, McCleerey, Mills, Milstead, Miskimins, Otten (Herman), Peterson (Kent), Pischke, Qualm, Rasmussen, Reed, Schoenfish, Smith (Jamie), Steele, Weis, and York

    FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater aquatic life.


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

    SJR 4 Introduced by: Senator Greenfield (Brock) and Representative Johnson (David)

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

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1010: FOR AN ACT ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state building committees for capital improvement projects.

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

    HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a regional sports complex at Northern State University and to make an appropriation therefor.

    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 1037 on the calendar of
Wednesday, January 30th, the 15th legislative day.

    HB 1038: FOR AN ACT ENTITLED, An Act to authorize the demolition of a South Dakota State University building and to make an appropriation therefor.

    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 1038 on the calendar of
Wednesday, January 30th, the 15th legislative day.

    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.


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

    HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

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

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENT

    The Senate proceeded to the consideration of the executive appointment of
Kim Malsam-Rysdon of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health.

    The question being “Does the Senate advise and consent to the executive appointment of Kim Malsam-Rysdon pursuant to the executive message as found on page 90 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; Nelson; Nesiba; Otten (Ernie); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Bolin requested that SB 75 be removed from the Consent Calendar.


    Sen. Maher requested that HB 1012 be removed from the Consent Calendar.

    HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of Technical Professions.

    HB 1013: FOR AN ACT ENTITLED, An Act to require criminal background investigations for certain vital records employees.

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

    Were read the second time.

    The question being “Shall HB 1036 and 1013 and SB 78 pass?”

    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; Nelson; Nesiba; Otten (Ernie); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer; Youngberg

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    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 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to obtain consent to an abortion.

    Was read the second time.

    The question being “Shall SB 72 pass?”

    And the roll being called:

    Yeas 26, Nays 5, Excused 4, Absent 0



    Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Otten (Ernie); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Youngberg

    Nays:
Foster; Heinert; Kennedy; Nesiba; Wismer

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    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 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

    Was read the second time.

    The question being “Shall HB 1025 pass as amended?”

    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

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

    Nays:
Kennedy

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    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 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petitions, notices, and statements of convention nominees and certifications of party officials.


    Was read the second time.

    The question being “Shall HB 1026 pass as amended?”

    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

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

    Nays:
Nelson

    Excused:
Curd; Novstrup; Schoenbeck; Sutton

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 5: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2018.

    SB 35: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding revocation of occupational licenses.

    And signed the same in the presence of the Senate.

    Sen. Foster moved that the Senate do now adjourn, which motion prevailed and at
3:00 p.m. the Senate adjourned.

Kay Johnson, Secretary