JOURNAL OF THE SENATE

NINETY-FOURTH SESSION




NINETEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 7, 2019

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

    The prayer was offered by the Chaplain, Rev. Dr. Bill Meirose, followed by the Pledge of Allegiance led by Senate page Erica Howard.

    Roll Call: All members present except Sen. Foster 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 eighteenth 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 24, 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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed
Jason C. Ahrendt, Lincoln County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective January 7, 2019, and shall continue until January 1, 2022.

Sincerely,
Kristi Noem
Governor

    The President announced the referral of the reappointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1075 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 SCR 6 and returns the same with the recommendation that said resolution be adopted 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 HCR 1001 and returns the same with the recommendation that said resolution be concurred in and be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
SB 143 and returns the same with the recommendation that said bill be amended as follows:

143ka

    On page 1, line 9, of the printed bill, delete "any act" and insert "an act of rape or incest".

    On page 1, line 10, delete everything before "against" .

    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 71 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration
SB 140 and 146 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of David S. Mickelson of Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration
SB 141 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 113 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 SB 97, 98, and 119 which were tabled.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SB 155 and HB 1043 and 1044 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 Military and Veterans Affairs respectfully reports that it has had under consideration the nomination of Russ A. Walz of Minnehaha County, Sioux Falls,
South Dakota, as the Assistant Adjutant General, Air and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Stace Nelson, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1040.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1079, 1099, 1185, and 1088 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 when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, February 8th, the 20th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on SB 67 as found on page 271 of the Senate Journal; also

    Judiciary on SCR 7 as found on page 273 of the Senate Journal; also

    State Affairs on SB 91 as found on page 274 of the Senate Journal; also

    State Affairs on SJR 2 as found on page 274 of the Senate Journal; also

    Local Government on SB 103 as found on page 276 of the Senate Journal; also

    Transportation on SB 117 as found on page 275 of the Senate Journal; also

    Taxation on SB 4 as found on page 277 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    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.

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

    HB 1099: FOR AN ACT ENTITLED, An Act to provide for the designation of a caregiver to receive information regarding residents of treatment facilities.

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

    HB 1185: FOR AN ACT ENTITLED, An Act to revise provisions regarding farm wineries.

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

    HB 1088: FOR AN ACT ENTITLED, An Act to revise provisions regarding fertilizer inspection fees.

    Was read the first time but was not assigned.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

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

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

    HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice given to county commissioners for special sessions.

    Were read the second time.


    The question being “Shall SB 92 and HB 1045, 1020, and 1052 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Foster; Klumb; 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.

    Sen. Langer moved that SB 107 be placed to follow HB 1011 on today's calendar.

    Which motion prevailed.

SECOND 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 second time.

    The question being “Shall HB 1010 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Foster; Klumb; Nelson


    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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall HB 1011 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; 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:
Foster; Nelson

    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 SENATE BILLS AND JOINT RESOLUTIONS

    SB 107: FOR AN ACT ENTITLED, An Act to revise provisions regarding rape.

    Was read the second time.

107wa

    Sen. Nelson moved that SB 107 be amended as follows:

    On page 2 of the printed bill, delete lines 14 and 15, and insert:

"

    In a prosecution under this section, it need not be proven that the defendant knew the age of the victim or that the victim was incapable of giving consent.

    It is not a defense that the defendant reasonably believed that the victim had attained the age of consent or was capable of giving consent, but it is a defense in a prosecution under this section, which the defendant must prove by a preponderance of the evidence, that the defendant

reasonably believed that the victim had attained the age of consent or was capable of giving consent.".


    Which motion lost.

    The question being “Shall SB 107 pass?”

    And the roll being called:

    Yeas 17, Nays 17, Excused 1, Absent 0

    Yeas:
Blare; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Otten (Ernie); Russell; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White

    Nays:
Bolin; Cammack; Cronin; Ewing; Heinert; Kennedy; Langer; Maher; Nesiba; Novstrup; Partridge; Rusch; Schoenbeck; Steinhauer; Wiik; Wismer; Youngberg

    Excused:
Foster

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

    Sen. Nelson announced his intention to reconsider the vote by which SB 107 was lost.

SIGNING OF BILLS


    The President publicly read the title to

    HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

    HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state laboratory services.

    HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

    HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale and purchase of big game animal parts.


    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.

    HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 12 Introduced by: Senators Heinert, DiSanto, Jensen (Phil), Kennedy, Klumb, Kolbeck, Maher, Monroe, Nelson, Nesiba, Russell, Smith (VJ), Soholt, Solano, Stalzer, Wismer, and Youngberg and Representatives Pourier, Bordeaux, Cwach, Duba, Healy, Lesmeister, McCleerey, Ring, Saba, Smith (Jamie), and Sullivan

        A LEGISLATIVE COMMEMORATION, Commending and honoring Shane O'Connell for his success and achievement in national and international rodeo competitions.

    WHEREAS, Shane O'Connell grew up on a ranch in South Dakota and began competing in various rodeo competitions at the age of five, as well as later winning four South Dakota High School championship titles, three in bareback riding and one in bull riding; and

    WHEREAS, O'Connell graduated from Rapid City Central High with a stellar resume in athletic talent, not only in the sport of rodeo but in football, as well as wrestling, and competed at the varsity level for both sports and received multiple awards for player of the game throughout his football career; and

    WHEREAS, O'Connell placed third individually in the state at the 2014 South Dakota State High School Wrestling Championship Tournament and fourth place at the same tournament in 2013, each time helping his team earn a high overall ranking. The term finished fourth and second as a team, respectively, in those two years; and

    WHEREAS, O'Connell has completed rigorous work to earned the awards he has received throughout his lifetime; and

    WHEREAS, O'Connell in 2013 was co-champion in bareback riding at the National High School Finals Rodeo; and

    WHEREAS, O'Connell finished nineteenth in the world championship standings in the year 2017; and

    WHEREAS, following the winter rodeo season, O'Connell was ranked sixth in the world standings, an honor few have achieved in their rodeo careers; and

    WHEREAS, O'Connell was co-champion at the All-American Finals Rodeo in Waco, Texas, a title many of his Rodeo companions dream of accomplishing:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends Shane O'Connell for his outstanding achievements and performance in the sport of rodeo.

    Sen. Cammack moved that the Senate do now adjourn, which motion prevailed and at
3:18 p.m. the Senate adjourned.

Kay Johnson, Secretary