JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 4, 2019

    The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Rev. Craig Wexler, followed by the Pledge of Allegiance led by House page Rebekah Burkhalter.

    Roll Call: All members present except Reps. Lake, Lesmeister, McCleery, Kent Peterson, Rounds, St. John, and Steele who were excused.

    The oath of office was administered by Speaker Haugaard to the following named pages:

    Isaac Barreto, Rebekah Burkhalter, Kylie Carlson, Grace DuVall, Addy Nelson, Abigail Ryan, Emmy Sundby, Isabelle Thorson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-second 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,
Steven G. Haugaard, Chair

    Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 1, 2019

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on March 1, 2019, I approved House Bills 1003, 1021, 1029, 1039, 1047, 1049, 1057, 1059, 1068, 1070, 1072, 1073, 1077, 1079, 1092, 1128, 1143, 1159, 1257, 1260, and 1263, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HJR 1004 was delivered to his Excellency, the Secretary of State, for filing at 11:35 a.m., March 4, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1071, 1076, 1137, 1157, 1200, 1255, 1258, and 1262 were delivered to her Excellency, the Governor, for her approval at 11:35 a.m., March 4, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair



Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1080, 1081, 1122, 1176, 1215, and 1242 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 91 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 8 and returns the same with the recommendation that said resolution be concurred in.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SJR 2 which was deferred to the 41st legislative day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
SB 116 and returns the same with the recommendation that said bill be amended as follows:

116zg

    On page 1 of the Senate engrossed bill, delete lines 4 to 6, inclusive.

    On page 2, line 4, delete "the appropriation provided for in section 1 of this Act is" and insert "any general funds appropriated for Dakota promise grants are".

    And that as so amended said bill do pass.

Respectfully submitted,
Lana Greenfield, Chair
Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 167 and returns the same with the recommendation that said bill be amended as follows:

167wb

    On page 2 of the Senate Appropriations Committee engrossed bill, delete lines 8 to 17, inclusive, and insert:

"

            (1)    Alternatives to imprisonment for any person charged and convicted of controlled substance offenses in order to more adequately assist the person with substance abuse issues;

            (2)    Possible funding alternatives as well as the financial ramifications of controlled substance offenses on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected.".

167wc

    On page 1, line 5, of the Senate Appropriations Committee engrossed bill, delete "an interim task force" and insert "a legislative study".

    On page 1, line 6, delete "task force" and insert "study".

    On page 2, line 7, delete "task force" and insert "legislative study".

    On page 2, line 12, after ";" insert "and".

    On page 2, line 19, delete "task force" and insert "legislative study".

    On page 2, line 23, delete everything before "shall" and insert "The legislative study established under section 1 of this Act".
    On page 2, line 24, delete "not" and insert ".".

    On page 3, delete line 1.

167wtb

    On page 1, line 1, of the Senate Appropriations Committee engrossed bill, delete "task force" and insert "legislative study".

    And that as so amended said bill do pass.

Respectfully submitted,
Jon Hansen, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1080, 1122, 1176, and 1081 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 84.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 8, 128, 173, 174, 176, 177, and 178 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary


MOTIONS AND RESOLUTIONS

    HR 1004 Introduced by: Representatives Frye-Mueller, Brunner, Dennert, Goodwin, Hammock, Howard, Jensen (Kevin), Johnson (Chris), Karr, Koth, Latterell, Livermont, Marty, Mulally, Perry, Peterson (Sue), Pischke, Post, Rasmussen, Steele, Weis, and Wiese

A RESOLUTION, Petitioning Congress and the President to immediately defund Planned Parenthood of all federal funding; strongly condemning the recent unrestrictive abortion laws passed in New York and Vermont; and, expressing South Dakotans' continued resolve to secure the blessings of life and liberty for our posterity.

    WHEREAS, New York and Vermont recently passed abortion laws essentially making it legal to abort a baby at any stage of pregnancy, up to the moment of birth, and even removed legal protections for babies born alive from botched abortions; and

    WHEREAS, according to its latest annual report, the Planned Parenthood Federation of America and its affiliates were responsible for 332,757 abortions in the United States in 2018, thereby representing an increase of approximately 11,000 abortions from the prior year and increasing the total number of babies killed to more than an estimated 8,326,000; and

    WHEREAS, Planned Parenthood's total revenue in fiscal year 2017 was $1.665 billion, including $563.8 million from tax payer funding _ record highs for both categories; and

    WHEREAS, according to the Center for Responsive Politics, Planned Parenthood's advocacy and political arms spent more than $8.1 million in 2018 to elect political candidates sympathetic to their policy objectives on abortion; and

    WHEREAS, according to data from the Centers for Disease Control and Prevention, Planned Parenthood provides about one-third to one-half of all abortions in the United States; and

    WHEREAS, Planned Parenthood referred only 2,831 women to adoption services during the entire year of 2018 _ about 1,000 less than the year before; and

    WHEREAS, Planned Parenthood claims it is a health organization, yet its annual report shows a dramatic decrease in most of its non-abortion services _ the issuance of contraceptives was down by 80,000, cancer screenings were down by 45,000, and other women's health services, such as well-woman exams and prenatal services decreased by 13,000; and

    WHEREAS, Planned Parenthood President Dr. Leana Wen recently acknowledged that abortion is not just a service the organization provides, but it is Planned Parenthood's core mission; and

    WHEREAS, in July 2015, investigative journalists with the Center for Medical Progress began releasing a series of undercover videos in which various senior leaders of Planned Parenthood spoke in astonishingly frank and horrific ways about unborn babies, their use of

illegal abortion methods, and their harvesting of tissues and organs from unborn babies to further profit from the practice of abortion; and

    WHEREAS, the United States House of Representatives Select Investigative Panel on Infant Lives and the United States Senate Judiciary Committee have each made criminal referrals to the Department of Justice and the Federal Bureau of Investigation after each found evidence that Planned Parenthood and others in the abortion industry may have violated federal law by the use of illegal abortion methods, including late-term, partial-birth, and born-alive abortions, and the procurement of fetal tissue for profit; and

    WHEREAS, although in 2015, the U.S. House of Representatives voted 241-187 to approve H.R. 3134, the Defund Planned Parenthood Act of 2015, the legislation has languished and Planned Parenthood continues to receive more than half a billion dollars each year from United States taxpayers; and

    WHEREAS, our children and pre-born children are our posterity; and

    WHEREAS, our most important blessing is the right to life; and

    WHEREAS, the right to life of all innocent persons is God-given and unalienable; and

    WHEREAS, it has been forty-six years since the Roe v. Wade decision of the Supreme Court of the United States and the assault on these core principles; and

    WHEREAS, an estimated sixty-one million, forty-four thousand nine hundred thirty-eighty babies have been aborted in the United States since 1973; and

    WHEREAS, because South Dakota Codified Law § 26-1-2 states, "A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth," every time we allow a conceived child to be aborted, we fail in our lawful duty to protect their interests:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature commits to providing all pre-born children their God-given right to exist and commits to appropriate protections by the Fifth and Fourteenth Amendments to the United States Constitution, and emphatically urges the South Dakota Supreme Court, the Governor of South Dakota, the Attorney General of South Dakota, and the Supreme Court of the United States to take all actions necessary to do so; and

    BE IT FURTHER RESOLVED, that the South Dakota Legislature strongly condemns the recent unrestrictive abortion laws passed in New York and Vermont; and

    BE IT FURTHER RESOLVED, that the South Dakota Legislature denounces the abortion agenda and practices of the Planned Parenthood Federation of America and its affiliates, especially their role in the killing of 332,757 precious unborn babies in 2018, the use of particularly gruesome abortion methods, and profiteering from harvesting unborn babies' tissues and organs; and
    BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the United States Congress and President Donald Trump to defund Planned Parenthood immediately and completely end all federal government support and tax payer funding; and

    BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds to vote against all legislation providing funding to Planned Parenthood; and

    BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the President of the United States, the speaker and clerk of the United States House of Representatives, the president and secretary of the United States Senate, the Attorney General of the United States, Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds.

    Was read the first time and the Speaker waived the committee referral.

    Rep. Johns moved that the Committee on State Affairs be instructed to deliver SJR 2 to the floor of the House, pursuant to Joint Rule 7-7.

    Speaker asked if the motion was supported.

    Rep. Herman Otten rose to a point of order to ask if Rep. Johns had the opportunity to speak to his motion regarding his JR 7-7 on SJR 2. Speaker asked for remarks on the motion.

    Rep. Johns' motion was supported and the committee was so instructed.


CONSIDERATION OF REPORTS OF COMMITTEES

    Rep. Qualm moved that the reports of the Standing Committees on

    Taxation on SB 179 as found on page 583 of the House Journal; also

    Transportation on SB 93 as found on page 584 and SB 187 as found on page 585 of the House Journal be adopted.

    Which motion prevailed.

    There being no objection, the House reverted to Order of Business No. 8 - Motions and Resolutions.



MOTIONS AND RESOLUTIONS

    Rep. Willadsen moved that SB 179 be referred from the Committee on Taxation to the House Committee on Appropriations.

    Which motion prevailed.

    There being no objection, the House proceeded to Order of Business No. 11 - First Reading of Senate Bills and Joint Resolutions.

FIRST 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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.


    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    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 first time and the Speaker waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 155: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home.

    SB 68: FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food products.

    Were read the second time.

    The question being "Shall SB 155 pass and 68 pass as amended?"

    And the roll being called:

    Yeas 63, Nays 0, Excused 7, Absent 0


    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

    So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that SB 126 be deferred to Wednesday, March 6, 2019, the
35th legislative day.

    Which motion prevailed.

    SB 123: FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

    Was read the second time.

123xa

    Rep. Hansen moved that SB 123 be amended as follows:

    On page 1, line 11, of the Senate engrossed bill, delete everything after "(1)" and insert "Provide the policy to any volunteer who provided the volunteer's social security number to the nonprofit corporation; and".

    Which motion prevailed.

    The question being "Shall SB 123 pass as amended?"

    And the roll being called:

    Yeas 54, Nays 9, Excused 7, Absent 0


    Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Weis; Wiese; York; Zikmund; Haugaard

    Nays:
Bartels; Deutsch; Greenfield (Lana); Hunhoff; Johnson (David); Koth; Olson; Sullivan; Willadsen

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    SB 99: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding commercial security deposits.

    Was read the second time.

    The question being "Shall SB 99 pass?"

    And the roll being called:

    Yeas 63, Nays 0, Excused 7, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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


    SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

    Was read the second time.

59wc

    Rep. Reed moved that SB 59 be amended as follows:

    On page 6, line 20, of the Senate engrossed bill, delete "and".

    On page 6, line 24, after "both" insert "; and

            (29)    A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9".

    Which motion prevailed.

59oa

    Rep. Gosch moved that SB 59 be amended as follows:

    On page 1, line 7, of the Senate engrossed bill, before "." insert "if the settlement proceeds are funded by public funds".

    Speaker was unsure of the outcome of the voice vote and declared a roll call vote.

    The question being on Rep. Gosch's motion that SB 59 be amended.

    And the roll being called:

    Yeas 23, Nays 40, Excused 7, Absent 0

    Yeas:
Anderson; Brunner; Diedrich; Finck; Gosch; Greenfield (Lana); Gross; Jensen (Kevin); Johnson (Chris); Karr; Koth; Livermont; Marty; Olson; Perry; Pischke; Post; Pourier; Reimer; Weis; Wiese; Willadsen; Haugaard


    Nays:
Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch; Duba; Duvall; Frye-Mueller; Glanzer; Goodwin; Hammock; Hansen; Healy; Howard; Hunhoff; Johns; Johnson (David); Latterell; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Peterson (Sue); Qualm; Randolph; Rasmussen; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; York; Zikmund

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    The question being "Shall SB 59 pass as amended?"

    And the roll being called:

    Yeas 54, Nays 9, Excused 7, Absent 0

    Yeas:
Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Duba; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Diedrich; Finck; Gosch; Olson; Pischke; Reimer; Willadsen; Zikmund

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    SB 16: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

    Having had its second reading was up for consideration and final passage.

    The question being "Shall SB 16 pass as amended?"

    And the roll being called:

    Yeas 48, Nays 15, Excused 7, Absent 0



    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Weis; Wiese; Zikmund; Haugaard

    Nays:
Bordeaux; Cwach; Duba; Goodwin; Hansen; Healy; Olson; Pourier; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    SB 115: FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a concealed pistol in the state capitol by certain persons.

    Was read the second time.

    The question being "Shall SB 115 pass as amended?"

    And the roll being called:

    Yeas 44, Nays 19, Excused 7, Absent 0

    Yeas:
Bartels; Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Anderson; Barthel; Bordeaux; Chase; Cwach; Diedrich; Duba; Duvall; Healy; Hunhoff; Johns; Milstead; Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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


    SB 124: FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

    Was read the second time.

    The question being "Shall SB 124 pass as amended?"

    And the roll being called:

    Yeas 60, Nays 3, Excused 7, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund

    Nays:
Glanzer; Randolph; Haugaard

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    SB 1: FOR AN ACT ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

    Was read the second time.

    The question being "Shall SB 1 pass?"

    And the roll being called:

    Yeas 63, Nays 0, Excused 7, Absent 0


    Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    SB 96: FOR AN ACT ENTITLED, An Act to expand application of the tax credit for contributions to a scholarship granting organization.

    Was read the second time.

96ya

    Rep. Willadsen moved that SB 96 be amended as follows:

    On page 2, line 4, of the Senate Education Committee engrossed bill, delete "eighty one hundred" and insert "eighty".

    Speaker declared a roll call vote.

    The question being on Rep. Willadsen's motion that SB 96 be amended.

    And the roll being called:

    Yeas 27, Nays 36, Excused 7, Absent 0

    Yeas:
Anderson; Bartels; Bordeaux; Borglum; Chase; Cwach; Duba; Duvall; Finck; Gross; Healy; Hunhoff; Johns; Johnson (David); Koth; Milstead; Miskimins; Olson; Otten (Herman); Pourier; Reed; Ring; Saba; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Nays:
Barthel; Beal; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mills; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reimer; Schoenfish; Weis; Wiese; York; Haugaard



    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    The question being "Shall SB 96 pass as amended?"

    And the roll being called:

    Yeas 37, Nays 26, Excused 7, Absent 0

    Yeas:
Barthel; Beal; Bordeaux; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Koth; Latterell; Livermont; Marty; Mills; Mulally; Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Schoenfish; Weis; Wiese; York; Haugaard

    Nays:
Anderson; Bartels; Borglum; Chase; Cwach; Duba; Duvall; Finck; Gross; Healy; Hunhoff; Johns; Johnson (David); Karr; Milstead; Miskimins; Olson; Otten (Herman); Reed; Reimer; Ring; Saba; Smith (Jamie); Sullivan; Willadsen; Zikmund

    Excused:
Lake; Lesmeister; McCleerey; Peterson (Kent); Rounds; St John; Steele

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

    Rep. Qualm moved that the balance of the calendar including SB 140, 48, 56, 3, 175, 149, and 153 be deferred to Tuesday, March 5, 2019, the 34th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    HC 1017 Introduced by: Representatives Bordeaux, Barthel, Cwach, Duba, Finck, Healy, McCleerey, Otten (Herman), Perry, Pourier, Ring, Rounds, Smith (Jamie), Steele, Sullivan, and Zikmund and Senators Heinert, Foster, Kennedy, Nesiba, Wismer, and Youngberg

        A LEGISLATIVE COMMEMORATION, Recognizing the individuals and organizations participating in memorial rides and runs this winter to honor and pay tribute to those brave

relatives who lost their lives during the tumultuous times in the 1860s through the Wounded Knee Massacre in 1890.

    WHEREAS, the Dakota 38 execution was the largest mass execution in United States history and took place on December 26, 1862, and two more Dakota People were hanged at a later date, giving the name "38+2". At the same time, a massive wagon train headed out with approximately 3,000 Dakota tribal members and prisoners who were held captive and then forced to march west out of Fort Snelling Minnesota; and

    WHEREAS, Dakota tribal members organize a ride in remembrance that travels 330 miles by horseback from Crow Creek, South Dakota, to Mankato, Minnesota, in the cold and harsh December weather. Dakota tribal members share sacred sage smoke, prayers, and dances, finishing the Dakota Wokiksuye Memorial Ride on December 26; and

    WHEREAS, on December 26 each year, Lakotas and their relatives ride on horseback from Bullhead, South Dakota, on the Standing Rock Reservation to Cherry Creek, South Dakota, on the Cheyenne River Reservation, where Chief Big Foot-Spotted Elk led his band to the Pine Ridge Reservation town of Wounded Knee, calling it the Chief Big Foot Memorial Ride; and

    WHEREAS, every year more than 500 riders and peace walkers with the Chief Big Foot Band Memorial Ride remember those lost in the Wounded Knee massacre. The riders set out from 150 miles north, near Bridger, South Dakota, and cover an average of about 20 miles a day before arriving at Wounded Knee; and

    WHEREAS, afterward, groups of runners make the trip back on foot to Cherry Creek to finalize the commemoration with a journey of many hours running or riding through the harsh and cold conditions. Prayers and ceremonial blessings mark the presence of Unci Maka, Grand Mother Earth; and

    WHEREAS, Montana relatives of the Northern Cheyenne Tribe also join in remembering and commemorating these historical events that deeply affected indigenous people by completing a 400 mile memorial run across the parts of South Dakota where their people were forced to escape on foot from Fort Robinson in Nebraska back to their homelands in Montana through parts of South Dakota. The Fort Robinson Memorial Outbreak Spiritual Run commemorates the anniversary of the slaughter of Chief Dull Knife's followers in Nebraska in 1879. Indigenous people from Montana share history with the indigenous people of South Dakota and many are intermarried with Lakota people, sharing the same culture and traditions; and

    WHEREAS, in 1879, 300 Cheyenne tribal members fled Fort Reno, Oklahoma, in a race toward Montana's Tongue River country with the U.S. calvary in hot pursuit. In Nebraska, Cheyenne leaders split the exodus in two. Little Wolf pressed northward with most of the Cheyenne warriors. Dull Knife led 150 people, mostly women and children, to Fort Robinson, Nebraska. Soldiers disarmed Dull Knife's followers, confining them to an unheated army barracks. They would be deprived of heat, water, and food until they agreed to return to Fort Reno; and

    WHEREAS, after five days, the prisoners resolved to resist. Dull Knife agreed to lead a desperate escape attempt. At 10:00 a.m. on January 9, the captives spilled from the wooden barracks into the subzero cold and a hail of bullets. Within minutes, rifle slugs cut down all but a handful of Dull Knife's people who slipped through the deadly fire to hide in the hills. Mounted Soldiers overtook the refugees at dawn, slaying all 26 remaining captives at point blank range:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature recognizes that these memorial rides and runs and the efforts to remember the hardships faced by the native people in our history, and the great significance of the Wokiksuye Rides to memorializing and honoring our forefathers for their struggles, determination, and sacrifices.

    HC 1018 Introduced by: Representatives Rounds, Duba, McCleerey, Perry, Ring, and Zikmund and Senators White, Kolbeck, Nesiba, Partridge, and Wismer

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Retirement System Board of Trustees for its sound fiscal management and the national recognition of its innovative retirement plan design.

    WHEREAS, the South Dakota Retirement System (SDRS) is a cost-sharing, multiple-employer public employee retirement system established to provide retirement, disability, and survivor benefits for employees of the state of South Dakota and its political subdivisions. Members of SDRS are full-time employees of over four hundred ninety employers, which include public schools, the state, the Board of Regents, city and county governments, and other public entities; and

    WHEREAS, on June 30, 2018, SDRS was one hundred percent funded based on the Fair Value of Assets (current assets compared to the value of benefits accrued to date), and all the funding objectives were met, marking the twenty-third time out of the last twenty-eight actuarial valuations that SDRS has been at least one hundred percent funded on a fair value basis. The SDRS one hundred percent funded ratio compares to an estimated average of seventy-one percent for all statewide plans; and

    WHEREAS, the SDRS Board of Trustees, as a leader in best practices, sound financial management, and innovative benefits, recognized that it must adapt to demographic changes and prepare for future economic challenges, and initiated a new benefit design with significantly reduced subsidies, increased normal retirement benefits, and improved alignment with employer workforce needs. In addition, a portion of the benefit and the cost-of-living adjustment vary with investment performance and affordability, providing flexible benefits that share in the success of the South Dakota Investment Council and enhance plan sustainability while alleviating or potentially precluding corrective actions; and

    WHEREAS, the success of SDRS has been achieved not only through the prudent oversight of the SDRS Board of Trustees, but also with the outstanding long-term success of the South Dakota Investment Council and the ongoing support of the executive and legislative branches of state government and the SDRS membership; and

    WHEREAS, the Society of Actuaries, a research and education professional actuarial organization, issued a call for models on governmental pension designs, seeking real-world solutions that provide secure retirement benefits in a sustainable design and selected SDRS's new plan design as one of the most innovative retirement plan designs suited for the economic and demographic needs of North America in the twenty-first century:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends the South Dakota Retirement System Board of Trustees for its sound fiscal management and congratulates SDRS for its recognition from the Society of Actuaries.

    HC 1019 Introduced by: Representatives Rounds, Duba, McCleerey, Perry, Ring, and Zikmund and Senators White, Kolbeck, Nesiba, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring and commending Robert A. Wylie for his dedicated service to the South Dakota Retirement System and the development of sound public pension policies in South Dakota and across the country.

    WHEREAS, Rob graduated from South Dakota State University with a Bachelor of Science degree in economics, and a master's degree in business administration from the University of South Dakota; and

    WHEREAS, Rob began his employment with the South Dakota Retirement System in 1982 and has been Executive Director since 2003; and

    WHEREAS, Rob has provided leadership to the South Dakota Retirement System, which uniquely provides lifetime benefits to meet public employee needs, does so with fixed employer contributions that are less than fifty percent of the average rate, and has no unfunded liabilities; and

    WHEREAS, the South Dakota Retirement System currently has nearly ninety thousand members and over twelve billion dollars in assets, is one of the best funded public employee retirement systems in the nation, and is recognized nationally as a model retirement plan based on efficient operations and an innovative plan design; and

    WHEREAS, in addition to his duties as Executive Director, Rob serves as an ex-officio member of the South Dakota Investment Council, which oversees the investment of all South Dakota trust assets; and

    WHEREAS, Rob has worked diligently to foster sound public pension policies nationally and is active in several national public pension organizations including the National Association of State Retirement Administrators (NASRA) and the National Council on Teacher Retirement (NCTR). He is a past president of NASRA and a former member of the Executive Committee. Rob serves on the NCTR Legislative Committee and has been a NCTR committee chair. Rob is also a member of the Government Accounting Standards Advisory Council, was South Dakota's delegate to the 2006 National Summit on Retirement Savings, and is a former member of the Government Finance Officers' Association CORBA Committee; and

    WHEREAS, Rob co-authored a paper in response to a call for models on governmental pension designs, issued by the Society of Actuaries, seeking real-world solutions that provide secure retirement benefits in a sustainable design. The paper, based on the generational benefit design effective in 2017, was one of four designs honored by the Society of Actuaries; and

    WHEREAS, Rob plans to retire in December of 2019 with nearly forty years of service to the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature commends and honors Robert A. Wylie for his service to the South Dakota Retirement System and the public pension industry in South Dakota and across the country.

    HC 1020 Introduced by: Representative Rounds and Senators Nelson and Stalzer

        A LEGISLATIVE COMMEMORATION, Honoring the South Dakota Army National Guard Specialist Bailey Ruff for being named the national 2018 Soldier of the Year for the Army National Guard.

    WHEREAS, the South Dakota Army National Guard Specialist Bailey Ruff competed with and won from among the top competitors representing all fifty-four states and territories of the Army National Guard during the 2018 Best Warrior Competition; and

    WHEREAS, Specialist Ruff is the first soldier from South Dakota to win Soldier of the Year honors at the Army National Guard level; and

    WHEREAS, Specialist Ruff represented the entire National Guard in the Department of the Army's Best Warrior Competition for 2018:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates the South Dakota Army National Guard Specialist Bailey Ruff on being named Soldier of the Year for the Army National Guard and recognizes Specialist Ruff for his outstanding service to the great State of South Dakota and the United States of America.

    HC 1021 Introduced by: Representatives Rounds, Barthel, Beal, Duba, Goodwin, Hansen, Healy, Karr, Latterell, Milstead, Otten (Herman), Peterson (Sue), Pischke, Qualm, Smith (Jamie), Steele, Sullivan, Willadsen, and Zikmund and Senators Stalzer, Blare, Kolbeck, Nelson, Nesiba, Steinhauer, and Sutton

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Air National Guard 114th Fighter Wing of Sioux Falls on being awarded the Distinguished Flying Unit Plaque, Air Force Outstanding Unit Award, Major General John J. Pesch Flight Safety Award, and William W. Spruance Safety Award for 2018.

    WHEREAS, the South Dakota Air National Guard 114th Fighter Wing was presented the Distinguished Flying Unit Plaque for the fourth consecutive year, as one of the top five outstanding flying units in the Air National Guard; and

    WHEREAS, the 114th Fighter Wing was also awarded the Air Force Outstanding Unit Award for the fourth consecutive year for exceptional meritorious service by the U.S. Air Force and Air Force National Guard; and

    WHEREAS, the 114th Fighter Wing also received the Major General John J. Pesch Flight Safety Award, presented annually to two flying units judged to have demonstrated the highest standards of flight safety in the Air National Guard; and

    WHEREAS, the 114th Fighter Wing was also awarded the William W. Spruance Safety Award, presented annually to the National Guard unit that makes the most significant contribution to accident prevention; and

    WHEREAS, the selection for all these awards are based on overall combat readiness and the unit's performance with respect to all other Air National Guard flying units with flying safety, operational readiness, weapons firing, unit alerts, unit manning, skill level qualifications, retention, drill attendance, operational readiness inspections, outstanding accomplishments, and special missions all being factors in the evaluation and selection; and

    WHEREAS, the 114th Fighter Wing continues to demonstrate support for its community and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Air National Guard 114th Fighter Wing for earning the Distinguished Flying Unit Plaque, Air Force Outstanding Unit Award, Major General John J. Pesch Flight Safety Award, and William W. Spruance Safety Award and recognizes the 114th Fighter Wing for its outstanding service to the great State of South Dakota and the United States of America.

    HC 1022 Introduced by: Representatives Rounds, Beal, Duvall, Goodwin, McCleerey, Qualm, and Smith (Jamie) and Senators Monroe, Blare, Kolbeck, and Nelson

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard's 152nd Combat Sustainment Support Battalion of Pierre for being awarded the Major General Milton A. Reckford Trophy, General Walter T. Kerwin, Jr. Award, and the U.S. Army Supply Excellence Awards for 2018.

    WHEREAS, the South Dakota Army National Guard's 152nd CSSB was presented the Major General Milton A. Reckford Trophy as the most outstanding Army National Guard battalion in the nation for achieving the highest standards in training and readiness; and

    WHEREAS, the 152nd CSSB was also awarded the General Walter T. Kerwin, Jr. Award as the most outstanding Army National Guard battalion in the nation for demonstrated

excellence in operational planning, execution of training, and maintaining high-readiness standards; and

    WHEREAS, the 152nd CSSB also won the Region VI Supply Excellence Award and runner-up in U.S. Army Chief of Staff of the Army Supply Excellence Award, recognizing Army units who demonstrate excellence in supply and support operations, property accountability, and resource management; and

    WHEREAS, the selection is based on overall combat readiness and the unit's performance with respect to all other Army National Guard units in personnel strength, individual and crew served weapons firing, the army physical fitness test, unit manning, skill level qualifications, retention, drill attendance, operational readiness inspections, supply operations and management, outstanding accomplishments, and special missions all being factors in the evaluation and selection; and

    WHEREAS, the 152nd CSSB continues to demonstrate continued support to its community and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Army National Guard 152nd CSSB for being awarded the Reckford Trophy, Kerwin Award, and Army Supply Excellence Awards and recognizes the 152nd Combat Sustainment Support Battalion for its outstanding service to the great State of South Dakota and the United States of America.

    HC 1023 Introduced by: Representatives Rounds, Beal, McCleerey, Qualm, Smith (Jamie), and York and Senators Schoenbeck, Blare, Kolbeck, and Nelson

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard Headquarters and Headquarters Battery, 1st Battalion, 147th Field Artillery of Watertown on being awarded the Certificate of Victory for the National Guard Association of the United States.

    WHEREAS, the South Dakota Army National Guard's HHB, 1-147th Field Artillery Battalion has earned the Certificate of Victory for weapons marksmanship in 2018; and

    WHEREAS, the award is presented to the unit with excellence in annual qualification firing with assigned individual weapons; and

    WHEREAS, the selection for the Certificate of Victory is awarded to the unit attaining the highest figure of qualification in the Army National Guard; and

    WHEREAS, HHB, 1-147th Field Artillery Battalion continues to demonstrate continued support to its community and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and

congratulations to the South Dakota Army National Guard's HHB, 1-147th Field Artillery Battalion for receiving the Certificate of Victory for weapons marksmanship in 2018 and recognizes the Headquarters and Headquarters Battery for their outstanding service to the great State of South Dakota and the United States of America.

    HC 1024 Introduced by: Representatives Rounds, Chase, Glanzer, and Ring and Senators White, Blare, Kolbeck, and Wismer

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard 153rd Engineer Battalion of Huron for being awarded a U.S. Army Deployment Excellence Award and a Department of Defense Reserve Family Readiness Award for the Army National Guard.

    WHEREAS, South Dakota Army National Guard 153rd Engineer Battalion was presented the Army Deployment Excellence Award, recognizing units for outstanding deployment accomplishments and capturing innovative deployment initiatives that improve the Army's deployment process; and

    WHEREAS, for the fifth time in six years, the Department of Defense has awarded a SDARNG unit with the Reserve Family Readiness Award for the Army National Guard and this year presented to the 153rd Engineer Battalion for demonstrating excellence in engaging with and supporting its members' families; and

    WHEREAS, the selection is based on overall combat readiness and the unit's performance with respect to all other Army National Guard units in operational readiness, training, mission execution and completion, property accountability, equipment maintenance, outstanding accomplishments, and special missions all being factored in the evaluation and selection; and

    WHEREAS, the 153rd Engineer Battalion continues to demonstrate support to its community and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Army National Guard 153rd Engineer Battalion for being awarded the Army Deployment Excellence Award and the Family Readiness Award and recognizes the 153rd Engineer Battalion's outstanding service to the great State of South Dakota and the United States of America.

    HC 1025 Introduced by: Representatives Haugaard, Anderson, Bartels, Barthel, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, Dennert, Diedrich, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Hansen, Healy, Howard, Hunhoff, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Karr, Koth, Latterell, Lesmeister, Livermont, Marty, McCleerey, Mills, Milstead, Miskimins, Mulally, Olson, Otten (Herman), Perry, Peterson (Sue), Pischke, Post, Pourier, Qualm, Randolph, Rasmussen, Reed, Ring, Rounds, Saba, Schoenfish, Smith (Jamie), Steele, Sullivan, Weis, Wiese, Willadsen, York, and Zikmund and Senators Curd, Blare, Bolin, Ewing, Greenfield

(Brock), Kennedy, Kolbeck, Maher, Monroe, Nesiba, Novstrup, Otten (Ernie), Smith (VJ), Solano, Stalzer, Steinhauer, Sutton, White, and Youngberg

        A LEGISLATIVE COMMEMORATION, Commending and honoring Raica, a police service dog for the South Dakota Highway Patrol and her Police Service Dog Handler Trooper Michael Dale, for their loyal team service to the State of South Dakota for the past seven years.

    WHEREAS, Trooper Dale started his law enforcement career with the Fall River County Sheriff's Office in 2007, and then moved on to the Hot Springs Police Department. He was hired with the SD Highway Patrol in March of 2009 in class, and Trooper Dale's first duty station was Presho. In the summer of 2011, he transferred to Rapid City, and in August of 2012, Trooper Dale was assigned to be a Police Service Dog (PSD) handler stationed in Pierre; and

    WHEREAS, Trooper Dale is a SWAT team member, and a defensive tactics instructor; and

    WHEREAS, Raica was born August 5, 2009, in Holland. She spent the first three years of her life working for the Dutch Police distinguishing herself as a police service dog earning the Koninklijke Nederlandse Politiehond Verenigning, or KNPV. The century year old award is given by the Royal Dutch Police Dog Association to a police service dog that exemplifies readiness, obedience, and excellence; and

    WHEREAS, Raica came to the South Dakota Highway Patrol in 2012 and was assigned to Trooper Michael Dale as her handler. Raica is trained in explosive detection and criminal apprehension and has conducted protective sweeps during the South Dakota Legislative Session and Supreme Court hearings; and

    WHEREAS, Raica has never ceased to provide safety, peace of mind, and a friendly smile to the South Dakota Capitol, and she is set to retire with Grandma Dale in Lake Havasu, Arizona and will enjoy being spoiled:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature honors and commends police service dog Raica and her Police Service Dog handler Trooper Michael Dale for their seven years of service as a team for the State of South Dakota.

    HC 1026 Introduced by: Representatives Rounds, Anderson, Bartels, Barthel, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, Dennert, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hammock, Hansen, Healy, Howard, Hunhoff, Jensen (Kevin), Johns, Johnson (Chris), Johnson (David), Karr, Koth, Latterell, Lesmeister, Livermont, Marty, McCleerey, Mills, Milstead, Miskimins, Mulally, Olson, Otten (Herman), Perry, Peterson (Sue), Pischke, Post, Pourier, Qualm, Rasmussen, Reed, Ring, Saba, Schoenfish, Smith (Jamie), Steele, Sullivan, Weis, Wiese, Willadsen, York, and Zikmund and Senators Nelson, Kennedy, Nesiba, Rusch, Stalzer, and Steinhauer

        A LEGISLATIVE COMMEMORATION, Honoring the service of the South Dakota National Guard's Adjutant General, Major General Timothy A. Reisch, for his tenure serving as

Adjutant Major General for the State of South Dakota Department of Military from April 2011 through June 2019.

    WHEREAS, Major General Reisch served as the state's twenty-first Adjutant General leading both the South Dakota Air and Army National Guard and guided the preparation of the 4,300 soldiers and airmen, as well as over 1,000 full-time federal and state employees, to respond in times of state or national need; and

    WHEREAS, Major General Reisch was responsible for federal and state missions, assignment of leaders, recruiting, training, equipping, mobilization, facilities, and public relations, and in charge of formulating, developing, and coordinating all policies, plans, and programs affecting Air and Army National Guard members in South Dakota; and

    WHEREAS, during Major General Reisch's tenure, the South Dakota National Guard had over 1,850 soldiers and over 950 airmen deploy to twelve different countries in support of overseas conflicts and federal commitments worldwide; and

    WHEREAS, under Major General Reisch's command, the South Dakota National Guard provided domestic emergency response support to state civil authorities during the historic 2011 Missouri River flood, 2013 Winter Storm Atlas, 2014 and 2015 tornadoes in Wessington Springs and Delmont, and nearly forty wildland fire suppression missions and ten emergency aerial extractions in the Black Hills and western South Dakota during the last eight years; and

    WHEREAS, with Major General Reisch's leadership, both Air and Army National Guard units received more than one hundred fifty national awards in the last eight years, demonstrating the superior preparation, training, and operational readiness of this state's National Guard as one of the nation's most competent, reliable, capable, and effective forces:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates Major General Timothy A. Reisch on his more than forty years of service in the South Dakota National Guard and for his more than eight years of leadership serving as Adjutant General of the Department of the Military, and Major General Timothy A. Reisch is recognized for his outstanding service to the great State of South Dakota and the United States of America.

    HC 1027 Introduced by: Representatives Rounds and Chase and Senators Schoenbeck, Kolbeck, Stalzer, and Steinhauer

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard's Bravo Battery, 1st Battalion, 147th Field Artillery of Yankton on being awarded the General John J. Pershing Trophy for the National Guard Association of the United States.

    WHEREAS, the South Dakota Army National Guard's Bravo Battery was awarded the Pershing Trophy in 2018; and

    WHEREAS, the award is for attaining the highest figure of merit in the nation during annual weapons qualification; and

    WHEREAS, the selection for the Pershing Trophy is presented to the unit in each Army area attaining the highest figure of merit during annual qualification firing with assigned individual weapons; and

    WHEREAS, Bravo Battery continues to demonstrate support to its community and the State of South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota National Guard Bravo Battery, 1st Battalion, 147th Field Artillery for receiving the General John J. Pershing Trophy, and the Bravo Battery is recognized for its outstanding service to the great State of South Dakota and the United States of America.

SIGNING OF BILLS

    The Speaker publicly read the title to

    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 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.

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

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

    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.

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:05 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk