Senate – Legislative Day 31

Senate – Legislative Day 31

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You You Good afternoon ladies and gentlemen the South Dakota Senate will come to order and thank you for your patience We’re drinking from a fire hose right now, so it’s taken a while to get everything in order at this stage so again Thank you for your patience We always start out our legislative session thankfully with prayer and we have praying for With and over us reverend mercy hobbs of the Trinity Episcopal Church here in Pier and our page of the day Then will lead us in pledge of allegiance to our great nations flag. She’s from the tremendous city of beer Arden Kenickie Let us pray O God of compassion and courage we thank you for giving all of us gathered here today another day in which to serve you You have command us to love our neighbors as ourselves We pray God that the legislators of our state remember that all people are their neighbors Created by you in your own image beloved and precious in your eyes We pray for these men and women that they have been who have been elected that they honor the promises they have made with grace compassion and integrity Remember those who are in need in the decisions that they make? Above all God fill each one of them with your Holy Spirit that they may Be led by your vision and love placing you first and all that they are and all they do to your honor and glory amen Secretary call the roll please senator Boland cammack Crone and Kurd Ewing frerichs Greenfield Haverly Heiner Jensen Kennedy killer Clem Colbeck Langer mehar Monroe Nelson ness of another tune or stir pot and partridge Peters Rush Wrestle so hold Solano stalls or Sutton Tapio Tatum and white wick and young bird We have a quorum mr.. President anybody here Who’s here anybody here Get this monkey off my back 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 30th Day all errors typographical or otherwise are duly marked in the temporary journal for correction And we hereby move the adoption of the report senator green field chair all those in favor signify by saying aye those opposed nay motion carried Well, we’re gonna pause right now, and I thank all of you for being here When the rafters are full and we say the Pledge of Allegiance right after the prayer It’s it’s powerful from here and it resonates Resonates that we are indeed one nation under God I’d like to thank South Dakota Public Broadcasting those individuals, who are watching on live stream We have a very busy day today, and at this time I’d like to do some individual introductions on behalf of the Senate first of all up in the back there Which would be at my front is a dr. Van keulen dr. Van keulen is an emergency room physician at a Varrick weenie peace in Mitchell. He’s done this for a couple of years now He did his medical education in Maine and we’ve had him here thankfully for a number of years He has three of his helpers We call them mid-level extender physician assistants the our seventh sixth and fifth grade So they’re very smart they already tested through it They’re his his boys have been running around But we really thank the doctors every day for taking their time they donate their time to take care of us And also their partners then fill in for them And it’s a big mission of the South Dakota Medical Association and so doctor Thank your wife – I know you have a large family, and it’s great to always see you But especially the boys, and thank you for taking care of a certain doctor And on behalf of Senator Partridge We have the Rapid City Christian school with the special groups of kids interested in government in the political group with their principal MS Hewitt, Rapid City Christian Where are you at? Would you please stand good to see you and thank you miss Hewitt for bringing them? And from Hovind senior government class Where is Hoeven? No, no, I was asking them if they knew her Hoeven was of course we do beautiful city with a cathedral on the Prairie, right and it would you please stand because we think Linda count Coyne who has brought her students here from their senior government class and It’s real honor to have you here on behalf of Senator Cronin and all of us welcome from Hoeven And how about Bell foosh Hi nice to see you hi hi now, what do you think you should do how about Stan? Oh, it’s great to have you here, we have a high school student council Their advisor is Kelsey D right oh It is Devore ik I could do Devorah codes with somebody messed that up and Jeanette burns the chaperone right Thank you, ma’am for bringing them from the great city of Belle Fourche on behalf of Senator Mar We have a lot of Belle Fourche people in a governor’s office, and you really do create a lot of leaders there Thank you, so continue to lead Belle Fouch Volga Volga Christian school They’re all here you are you’re hiding from me. That’s great. What a crew Senator wick wants me to introduce. You grades five through eight and mr. Novak is their instructor Volga Christian school. We’re sure glad boys and girls that you were here and especially that mr. Novak was kind enough to bring you welcome And we have on behalf of Senator Russell the wall high school senior government class are they here all right? Good to see you, and mr.. Amash. Thank you for bringing your class every year. You’re a faithful individual wall welcome And on behalf of Senator killer we have the Crazy Horse school civics and tribal government class are they here yet Kevin okay? They made a bad choice How about? Are the Rosebud drummers here? Yep? Oh? My goodness right there, how about those drummers and singers today Pat board? Oh? Amazing You know if you if people are watching and trying to see what’s happening these young people with mister Bordeaux are phenomenal drummers and singers we had the honor song you are so gifted and Hopefully if you have not seen it police watch it on public broadcasting republished rebroadcast rather from our tribal relations ceremony that we had You really made it special So thank you senator Heiner for reminding me to introduce them, and then when crazy or school folks get here. We’ll introduce them We have a couple of personal privileges. We’ll start with Senator Heiner Mitaka PA mr. President uh keopi how members of the body I’d like to I’d like to introduce my a Youngest son Harold he’s 11 fifth grader at Klein’s school In joining us today and in the gallery my beautiful mother Margot and my gorgeous wife Gina yo Welcome them. I Did not have the opportunity to Gina as you were going through the honor ceremony There are strong people in this world, and then there are Gina’s you you are a hero Senator club First I’m pretty sure mr.. President. Yes, sir grant. Thank you I’d like to introduce today my father and mother markandrebecca clump up there and then behind them as my sister Nessa My sister Mariah her husband Eric and then their two children Xander and Avery who is sound asleep So that is great great to see you In some parts of South Dakota we would call the clumb family a precinct That’s good to see you all Thank You Senator Sutton great to be with you today look at this crew you have yeah, Thank You mr.. President Many of you that if you remember we’re here a couple years ago. I have my niece Nieces Landry and arena and then their mom D. Which is my sister Seven years older than me to the day believe it or not and then my dad Bill Okay, and of course Liam here who just stole my mic And then My mom Renee my at least which you met the other day, and then my grandma Betty who taught kindergarten and Eagle Butte for almost 50 years and Please welcome them to the Senate There are very few surprises I get up here But Rene is hanging on behind at that post and it’s just I’m sending a big hug great to see you. Thank you Any other personal privileges that we’re missing Okay, we’re gonna get on to business here and for those of you who need to go on please feel free to do that We’ll be describing what we’re doing before we get into some bill action I’ll describe it then we have a lot of things like the next item which is reports of standing committees we have to do orally because We didn’t have computers to keep track of these things and to make sure Everybody was sitting up there trying to figure out what had happened so no bill is hidden or any Nefarious or bad thing was being done all that’s being reported here We have in the computer already, but we need to do it orally So let’s hear what the committees did today reports of standing committees please mr. President the Committee on Transportation has had under consideration House bill 1258 recommends do pass senator stalls or vice-chair committee on local government had under consideration house bills 1169 1234 and 1273 recommending do pass and House bill 1132 recommending do pass as amended senator Langer chair and the Committee on judiciary Reports it is head under consideration House bills 11 10 12 71 and 1292 Recommending do pass House bills 1054 1104 1278 and 1280 recommending do pass to be placed on the consent calendar and house bills 1083 1201 and 1139 recommending dupe pass as amended and house bills 12 93 and 1050 through 1053 to be placed on the consent calendar And then they recommend deferring House bill 11 11 12:30 in 1254 to the 41st legislative day and recommend tabling House bill 1204 senator Russell chair and the committee on Health and Human Services has had under consideration House bill 1269 Recommends do pass to be placed on the consent calendar senator, so hold chair and the Committee on legislative Procedure reports that the office of engrossing and enrolling has carefully compared Sjr One Senate bill seven nineteen twenty twenty three forty four fifty nine sixty nine seventy eighty three ninety three ninety four ninety six ninety nine 105 117 151 153 and 154 and find the same correctly enrolled senator Greenfield chair Senators are team up here will be if you haven’t indicated to them already or will reach out during session but the house had the audacity to amend eleven of our bills and We need to either See whether or not they Made an error or all of that And so if you’re the prime sponsor if you recall since we haven’t had this many in one day to try to make tomorrow go more efficiently We’re gonna find out a couple of you have already indicated that you want conference committees on a couple of them if if not Regardless we’re gonna try to ascertain that For your the majority leader as well as Senator Greenfield for the appointment identification of any conference committees so Please be prepared for that because the calendar then will go more smoothly tomorrow now we have messages, please Mister president I have the honor to transmit Senate bills One seven nineteen twenty twenty three forty four fifty nine sixty nine seventy eighty three ninety three ninety four ninety six ninety nine 105 117 one fifty-one once it’s during 154, which have passed the house without change And I have the honor to inform the body that Senate bill 14 was tabled And I have the honor to transmit and here they are Senate bills 43 46 60 to 70 386 125 140 164 165 185 and SCR 16 which have been amended by the house and your concurrence in the amendments is requested Sandridge as enter chief clerk Okay next order of businesses or motions and resolutions a little action now Senator Boland moves at the Senate do concur in house amendments to Senate bill 89 For our students in actually senator Boland is a former civics and history teacher. This is a bill that went over to The house has passed out of here senator Bolin’s in charge of this bill They made an amendment and Senator Bolin’s asking us to agree in that amendment. Please proceed sir Thank You mr. President very briefly very small amendment was added actually at my request in the Senate in the house committee I’m just we just added on lines 9 and 10 and and without any previous service on the board just clarifying I would strongly urge your concurrence in this amendment. Thank you Thank you, and the word concurrence means agree, so if this is a roll call vote Because it would be final action on the bill as amended from our perspective Any further remarks on senator Bowens motion? Hearing none the question before the center-to-center Bolin’s motion that you senators concur in the house amendment To Senate bill 89 those in favor of concurrence vote aye those opposed nay Madame secretary call the roll, please Cronan Ewing frerichs Greenfield Haverly Hi nerds Jensen Kennedy killer Colbeck Langer my heart my role Nelson Nestled by the other ton North strip uh Partridge Peters Rush Russell so hold Solano stalls er Sutton, Tapio Tiedemann white wick Youngberg Mr. President there are 35 years senator Bolin’s motion that house excuse me the Senate do concur in the house amendment to Senate bill 89 Having received a majority of vote of the members elect. It’s hereby declare past and the are so concurred in the bill passes Senator white moves that the Senate do concur in house amendments to Senate bill nine be there a second good afternoon senator, white Thank You mr. President this bill Senate bill 90 was an act to revise certain provisions regarding the payment of taxes and fees before transferring title of motor homes or manufactured homes this was a Consensus of County Treasurer’s across the state they have upgraded their regulations and so forth We brought this Bill to the committee it was actually passed 100% and gone on consent and as we were discussing and looking at it we had a senator from the Isabel area say that maybe we should take a look at this because he may have a alteration to Expectations so at this time I let the good senator from that area discuss his part of it Thank You senator Maher good afternoon mr President what we did is when we’re transferring manufactured homes up on the reservation Counties these mobile homes will have a tendency to go into what we call exempt status And so we wanted to hold the counties Harmless by doing that and so we added an amendment on this that will let the counties on Reservation and the reservation counties be able to collect these property taxes on these manufactured homes before they’re transferred into an exempt status, and when I say exempt status if you’re a Individual on the reservation who’s selling a house to a Native American? that trailer house will go into an exempt status where that property tax will no longer be collected and in order to do this we Needed to put this amendment on the bill to hold the counties harmless. Thank you. Thank you sir well explained further remarks hearing none Then the center questions before you Senators is senator White’s motion to do concur in the house amendment to Senate bill 90 those in favor of concurrence will vote aye those Opposed nay. Please call the roll Madam Secretary senator Boland Come back Cronan Mooing frerichs greenfield Haverly Hi inert Jensen Kennedy killer clumb Colbeck Langer Maher Munroe Nelson NASA by Netherton North strip, Otton Partridge Peters rush Russell so Holt Solano Strasser Sutton Tapio Tiedemann white wick Youngberg Mr. President there are 35 years senator White’s motion that the senator to concur to house amendments to Senate bill 90 having received a majority vote of the members electus here to bike Declared passed the amendments are concurred in and the bill does pass Senator Boland moves at the Senate do concur in house amendments to Senate bill 80 Cerner bowl and welcome back sir Thank you same song second verse same little phrase and without any previous service on the board Added in line 7 and 8 I again strongly urge your concurrence Board of Regents fully supports this. Thank you I accused her further remarks Hearing none the question before the Senate senator Bolin’s motion that the senator do concur in the house amendment To Senate bill 80 those in favor of concurrence vote aye those opposed nay. Please call the roll Madame secretary Senator Boland come back Cronan curd ewing fariq’s greenfield Haverly Hi inert Jensen Kennedy killer clumb Colbeck Langer Maher Monroe Nelson yes about the other 10 nice trip Uh Partridge Peters rush Russell so hold Solano stalls er Sutton Tapio cheetahmen white wick Youngberg Mr.. President there are 32 yeas two nays And one excuse Thank You senator Bolin’s motion that the Senate do concur in the house amendment to Senate bill 80 having received a majority vote of the members electus hereby declare passed so concurred in and the bill passed Senate resolution number three a resolution expressing concern about certain final planning phase proposals by the Department of Transportation the Senate resolutions refer to the Committee on transportation for hearing Please proceed senator Kirk moves that House bill 1058 be deferred till Thursday March first the 32nd legislative day All those a favor of deferral signify by saying aye Those opposed nay motion carries. It is so deferred When we adjourn today, we adjourn to convene at 1:00 p.m.. On Thursday March 1st the 32nd legislative day Oh those in favor signify by saying aye those opposed nay motion carried Consideration reports of committees Senator curd moves at the reported the Standing Committee on education on House bill 1155 be adopted all those in favor of adoption signify by saying aye It was opposed nay motion carried our next order of business center to Russia is going to make a motion relative to a bill That he’ll talk a little about let me explain. What’s going on? What happens in committees is bill either passes or fails if it fails it? Cannot come down for consideration and less ordered to get down here So senator russia has made that order request which was supported by 12 senators Now what he’s going to do is the second step, and that is to see if a majority of the Senators would debate it So it’s not a debate on the merits of the bill. It’s strangely enough a debate on whether or not we’re going to Calendar it to debate and so his comments will be to whether or not we should debate it Don’t interpret people voting to have something debated meaning. They’re for it or something that might be against Please proceed Senator rush moves at House bill 11 23 be placed on the calendar of Thursday March 1st the 32nd legislative day Comments senator rush good afternoon sir Thank You mr. President and members of the body House bill 11 23 is the bill to prohibit the death penalty for severely mentally ill People and I’m asking the body to vote to calendar this bill so that we can have a good debate on the issue You all received a yellow executive Summary from the attorney general’s office about that there’s there’s parts of that that I disagree with but because of the limitations today on my ability to Argue, this I’m not allowed to go into those merits of those things I can’t really read and less this is is calendered If we calendar this and we can have a debate on it You know when is the death penalty appropriate should it be applied only to the worst of the worst or others? Or should it be applied to the severely mentally ill so please vote to calendar this so we can have that debate Thank you Senator for the remarks senator Russell good afternoon sir where’s your sidekick? I don’t know where he disappeared to oh man You’re younger this my constituent constituent, oh you’re Your younger sidekick that’s spectacular both of you made my day. Thank you The committee had had a long hearing on this particular bill As alluded to the attorney general’s office the States Attorneys Association and others Law enforcement groups came in and were very concerned about the substantial change that this makes in the effectiveness of The death penalty here in the state of South Dakota. I’d ask that you resist the motion. Thank you Thank you, sir for everyone watching Senator Russell is the chair of the Judiciary Committee so on behalf of the committee he’s speaking as well as himself that some committee members further remarks on senator Russia’s motion Hearing none senators the question is Center Russia’s motion essentially to Calendar House bill 11234 tomorrow those in favor of calendaring House bill 11:23 will vote aye those opposed to calendaring it will vote no Madame secretary call the roll please Boland Come back Ronan Curd Ewing frerichs Greenfield Haverly hi nert Jensen Kennedy Killer clumb Colbeck Langer, bahaar Monroe Nelson Essa by Netherton North strip Auden Partridge Peters rush Russell so hold Solano Stalls er Sutton Tapio Tiedemann White wick Youngberg Mr.. President there are 11 yeas and 24 nays Center Russia’s motion that House bill 11 23 be placed on today’s calendar excuse me tomorrow’s calendar having failed to receive a majority vote of the members elect is hereby declared lost as Is Terry’s phone which happens to be up there somewhere in the gallery? Was it right over there? I’m not gonna identify. Who Terry is or who Terry’s phone is but my hearing is really good Don’t look up at him Sergeant-major always fun Please proceed now. We have our consent calendar. We have a number of bills that passed out of committee unanimously and they are put on a calendar where there’s no debate questions may be asked but its efficiency for bills that really are non-controversial a Senator can remove these for debate any one of them, and we don’t have any removals So we’ll proceed with our second reading of House bills on our consent calendar, please House bill 1174 enact revised certain provisions regarding rights for crime victims 12:48 an act to revise certain provisions regarding filing and recording secured transaction records with the office of the secretary of state 11:06 an act to authorize hunting preference points to be granted to persons aged 10 years or older House bill 11 46 an act to revise certain provisions regarding the consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers and Finally House bill 11 65 an act to repeal certain provisions providing for a pilot charter school for Native American students if the state had received a federal grant Thank you Ma’am house bills 1174 12 48 1106 11 46 1165 and 12 21 having received a second reading are up for consideration and final passage are there question senators on any of these bills Hearing none the question before the Senate’s final passage of House bills 1174 12:48 1106 11:46 1165 and 1221 those in favor of vote either suppose nay Madame secretary call the roll senator Boland Come back Cronin occurred Ewing frerichs Greenfield Haverly Hi inert Jensen Kennedy killer Club Colbeck Langer my heart my role Nelson NASA by Netherton Norris stroke hot partridge Peters Rush Russell so Holt Solano stall sir Sutton Tapio cheetahmen wait WIC Youngberg Mr.. President there are 35 years hospital 1174 12:48 1106 11:46 1165 and 1221 having received Majority, vote of the members elect are all hereby declare past any title questions I’ll approve the titles then Okay We are now on to our debate calendar, and it’s unusual that we have Senate bills But there’s a special rule for those that are Appropriation bills that we would still deal with in this last week in half, and so we will proceed with Senate bill 183 Sanibel 183 an act authorized the Board of Regents to contract for the construction of a precision agriculture classroom and laboratory building and renovation of the first and second floors of Burgh Agricultural Hall at South Dakota State University and to make an appropriation therefore Senate bill 183 having received a second reading is up for consideration and final passage senator come back good afternoon sir Good afternoon mr. President members of the Senate I Urge your support on sin bill 183 this bill provides for the construction of a precision AG classroom and laboratory This will reinforce SDSU’s first-in-the-nation precision AG degree this facility will provide a platform for public and private entities to continue to financially support these endeavors There these are cutting edge and innovative Measures and research that is very important to the both this country in the world It is responsibility of AG to feed the world and by 2050 the AG community will be required to double their production to Feed a hungry world Precision AG will enable them to accomplish this goal in a sustainable way at the same time reducing the reducing the the requirement of additional water land pesticides herbicides and fertilizer to produce that same serving of food while improving air and water quality along the way this project has broad-based support including no less than 15 farm organizations and and major cooperatives and importantly several conservation groups including pheasants forevers Ducks Unlimited quails forever We’re still working on the revenue and finance package for this proposal But today at the original proposal was a 70 million dollar project SDSU made some internal cuts of 15 million dollars and We have proposed the the group. That’s been working on this has proposed another nine million dollar Cut which leaves us at a forty six million dollar project to date There’s been sixteen point six million dollars of contribution from private entities towards this project The the other sources that we are looking at Will be fleshed out a little bit, er a little more later To provide for the for revenue for the bonding of this of this project. I would ask your support Senator occurred Thank You mr president well this cake still needs a little time to bake if you would allow me to use the Euphemism and for that I think we will probably consider a motion to defer Senate bill 183 until Monday March 5th the 33rd legislative day should someone be so inclined to make that motion Will you approach gentlemen I was in the middle of three different things here first will be a tease Mr.. President Okay, thank you for There’s been some information there about our time lines As it relates to that and so is highlighting what the rule is in there And I think that there were some miscommunication collectively and so we’re gonna clear this up right now senator Greenfield Thank You mr. President and I appreciate the opportunity to have a little sidebar when looking at deadlines we Mistakenly understood next Monday to be the day that Bills have to be moved out of committee to the second house But what we what we failed to recognize is that there’s a rule that requires a bill? That’s gone through the joint committee on appropriations process to be dealt with by the house of origin by today, so we will have to We will have to disregard the recommendation that we defer action on this and take it up The one thing I would offer is that with the one dollar appropriation in the bill We will undoubtedly see this again because we can’t do the project for $1 so we know it will come back for concurrence or To not concur in a point a conference committee with that. I’d I Would speak in favor of the bill at least continuing on in the process and? And I apologize to anybody for any Misunderstandings that were created. Thank you. No worries were a team, so we’ve got it rectified and are there any questions Any further remarks senator CAMAC Okay Sara frerichs yes, Thank You mr. President Sorry, we’re getting distracted a little bit off and on here But I just would would ask the body support for Senate bill 183 here. It’s something that obviously Has been a work in progress The entire session, but also it’s something that President Barry done and his team have worked diligently on this issue to bring Everyone together so I asked for your support for the bill And it’s something that we all know we’re going to be a part of this discussion Throughout the rest of this legislative session, so please vote for SB 183. Thank you now remain standing Okay, your dad can get another picture here you go Come on. No come on look up there. He was a rep there proud of you look up there turn red Okay zoom in on him look at I can do it too. Just second oh Thank you Yeah, good friend love you brother Further remarks This is a bill that needs to continue through process as you hear And so hearing no further remarks the question before the Senate if you so degree to continue this discussion is Whether or not Senate bill 183 should pass those in favor of vote aye those opposed nay It does require a two-thirds majority vote for passage, and it sounds like Liam has been using unfiltered cigarettes Secretary call the roll Senator Boland Come back Cronan curd Ewing Frerichs Greenfield Haverly hi nerd Jensen Kennedy Killer plum Colbeck Langer my heart One roll Nelson Nestled by the other ten North Strip Otten Partridge Peters Rush Russell So Holt Solano Stalls er Sutton Tapio Tiedemann White wick Youngberg Peters So Holt Mr.. President there are 27 yeas and 8 days Senate bill 183 having received a two-thirds majority vote members Elect is hereby declared passed any title questions. I’ll prove the title then thank you. Thanks for your help boots 91 an act to authorize the Department of Veterans Affairs to provide for the design construction and equipping of a state veteran some Cemetery in Sioux Falls to create a Veterans Cemetery fund to make an appropriation therefore and to declare an emergency Thank you Senate bill 91 having received second reading us up before consideration and final passage Senator blue Souter stalls are a good afternoon go Air Force Thank You mr. President 20 years Some of the veterans sitting up here have been working on this project for 20 years To get a cemetery in the eastern part of South Dakota Currently for a veteran to be buried in a veteran cemetery they either have if they’re from the eastern part of South Dakota They have to be buried either in Sturgis or Fort Snelling up in Minneapolis area In 2016 a task force was formed to see how we could get this accomplished And That veterans have worked diligently for the last two years to accomplish this First of all they got the city of Sioux Falls to commit to donating minimum of 40 acres of land that is suitable for a Cemetery to be construct or picked out of 248 or 280 acres that the city owns it’s approximately a half a mile north and a half a mile east of the intersection of i90 and I 229 The exact location will be determined by the surveying and so on that is done in the initial phase of the project They want to give us the land that works the best for the project And the one of the sections of the bill authorizes the South Dakota Department of Veterans Affairs to accept that donation We need to make a preliminary application before July 1st of This year for it to be able to be on next year’s projects So that’s one of the reasons for the emergency clause the other is the fact that it appropriates money Which also read will require a two-thirds vote, so we’ll need that for both situations Once we make the application normally the National Cemetery Group will make or announce their priorities in September of 2018 We’ve been told that if we apply we should be in the top five Projects for the next year which gives us an extremely good chance of this being funded Once we’re on the priority list we need to put up six hundred thousand dollars or ten percent of the six million dollars estimated cost of the project That money will then be used for surveying and design work Once we find that we have suitable land and an accepted plan The we will be eligible then to receive the grant The six hundred thousand dollars that we put up at that point shall return to the South Dakota Treasury and per the bill it will be put in the Ongoing operations fund for the cemetery And at that point then the Department of Veterans Affairs is authorized to begin construction of the cemetery during the construction phase They will prepare 13 acres of the 40 plus Which includes digging graves? inserting vaults And then they will put eight inches of pea gravel over the grave and then four inches of black dirt and then sod So when there is a burial all they have to do is open the top foot. They don’t have to dig a full grave In this area there will be two thousand and sixty eight burial plots The grant also includes all equipment that will be needed initially to operate the cemetery in other words it will include the backhoe it will include the lawnmowers and All of those item ain’t a’no new building for Services and so on at the burial sites The ones that will be eligible to be buried here will be veterans their spouses and their minor children the federal government will pay us seven hundred and sixty two dollars for every veteran burial the family or their estate will be charged the same seven hundred and sixty two dollars for a minor child or for a spouse and The way that works is whichever Is buried first will go on the bottom, and then the casket for the second will go on top of it within the same plot the Headstone will be engraved with the military member on one side and the spouse on the other So then we get to the funding we Have been negotiating this portion of it for quite some time we had a meeting Monday morning where we had three members of the House Appropriations Committee three members of the Senate Appropriations Committee two members of the Veterans Council the House prime sponsor myself and members of the BFM came together and Hashed out the funding for the project The 600,000 initially will come first from 450,000 dollars of one-time money from this year’s budget The remaining hundred and 50,000 will come from an appropriation out of the 2019 budget And again when that money is refunded it will go into the operating fund in addition the Veterans Council has agreed to create a community fund to assist with the ongoing operating costs the Goal, that was agreed to because the veterans will have a goal of raising at least three million dollars by July 1 of 2023 This would then the interest off of the two principals remaining Should generate one hundred and fifty thousand dollars a year for ongoing maintenance? That along with an ongoing appropriation from the legislature Should cover the projected cost by both the veterans and via Femmes numbers The fund will not be limited to three million They will continue to try to raise money beyond that point so that hopefully at some point The entire cost of the ongoing operations will come from the spent So I’d like to thank everyone who’s been involved in these negotiations To get us where we are today the Veterans Council joint appropriations Sioux Falls City Council BFM and the 34 co-sponsors within this body And since most of the work will be done by the next administration. I also would like to thank Attorney General Marty Jackley representative Kristi Noem and Senator Billy Sutton for providing letters of support on this project and Asking encouraging us to continue Thank you for your attention I would Ask you to continue showing your part with support with an aye vote. Thank you. Thank You senator stalls our further remarks senator Nelson Thank You mr. President My first dealings with this issue was When I first got up here in 2011 2012 it was a Consistent request from veterans groups across, South Dakota, and it was a very reasonable And appropriate request to show the respect to those That have gone before us Those that allow us to be here in this beautiful building Those that prevented this nation from being devastated from our enemies from without Well I share a Lineage of those noble veterans that have served this great state I Can rise with clean conscience to advocate for this bill because My in resting-place will be in Graceland Cemetery in Fulton that’s because That’s the epicenter of my service to my nation But I rise in support of my my fellow veterans to have an honorable resting place in eastern, South Dakota the place that was their home that they went off to foreign lands and foreign places and risked their lives We owe it to them. This is a bill that has long past due But not only important to that we owe them this debt of gratitude this simple debt of gratitude But we owe it to the current generation That is in every clime in place and on the seven seas Making sure that we have the safety and the security of meeting here today and Let let there be no mistake What we enjoy here today does not come? from the fountain pen of a politician or of a bureaucrat, but at the sweat of Fear and work from the young service members that are currently serving in the trenches of the battlements of freedom I ask of you to show this proper deference of respect to those who have seized freedom from the grasp of tyranny In 2013 We brought a bill House bill 1221 it had I believe all but two of the legislators in this body as co-sponsors and that bill was defeated because the They said it wasn’t time, and it was opposed by the second floor, and the opposition was it wasn’t time And we had promises that this would be taken up that this would be passed Five years later and It’s from the sweat of the brow of a good gentleman from Sioux Falls that this bill is once again on our desks We have to pass this I Respectfully ask you. Please pass this and And my heartfelt, thanks to the good gentleman’s from Sioux Falls That have brought this bill again for us to do our due duty Thank You Senator te’devan good afternoon sir good afternoon mr. President and I thank you for the opportunity to address this bill Again, I want to thank the Appropriations Committee both the house and the Senate that reviewed the bill the proposal and sometimes asked the tough questions Because we want to make sure that the plan going forward is sustainable. I want to thank the veterans Organizations, and those who led to charge as we sat down to one thicker goal To make sure that we have some ongoing Revenue in there to make sure that it’s maintained to the proper standards We found out a lot of good information as we went through the process One cannot just start a cemetery by the state you have to work with the federal government That you have to then follow the federal guidelines But I want to thank the folks that brought this forward Yes, it is the time and Sometimes it takes the right moment to bring it to fruition So although my veterans My father my grandfather will not be buried there because they’re already buried in soup when in Sioux Falls and one in Pioneer Cemetery But I think that this offers an opportunity for those in eastern, South Dakota to take advantage of this situation I want to thank the city of Sioux Falls Minnie Hawk County where I pay taxes to also take and put this land available for the cemetery but again Thank you very much And I know that there were some struggles through but don’t watch sausage being made Just look at the end product and let’s enjoy it. Thank you Thank You senator killer. I’ll talk to you people dr. P and members of the body you know I also serve on the Military and Veterans Affairs Committee as the The the minority party, and I just want to encourage Passages bill as well especially you know with the as was spoken to earlier about the lineage of our families You know my father first served in the US Army His dad served in the US Army his brother served in the US Army was killed in Germany You know and my mom my mom’s side My mom’s dad served in the US Army her brother’s served in the US Army And I should have gone down that route as well, but unfortunately I did it But I guess I kind of considered this public service You know and but it’s just that history and all that in my dad’s is actually buried in storages you know and I think you know that’s one of the things that you know we take for granted is where you know where we’re Going to you know have our final resting place, and I think being able to give veterans their Do-do-do rights you know of where they want to be buried where they want to be at and all that and that was really compelling Testimony we had from our service members and committee and actually one of the members on the house side His family actually had they couldn’t afford to come all the way to Sturgis to do this You know they they you know his I think the mom had to stay back or something like that And you know the rest of the family had to actually go to Sturgis and have the dad buried But the mom couldn’t afford it, so it was you know it was a good ruling and this is a really good gesture It’s long overdue, and I thank you to the all the leadership that made this possible And thank you to all of our service members, and you know on behalf of I guess our our minority party. I’ve support this Thank you allow me out further remarks Senator Greenfield mr. President. Thank you. I appreciate the opportunity to speak and then this isn’t about me, but I just wanted to make note of the veterans groups it all came together and rallied around this as The one issue that they were gonna focus on this year and this seemingly Moment of unity on the floor is a testament to their efforts And I think that they’re the ones who deserve the the real credit Certainly there have been tremendous efforts undertaken during session, but if not for them deciding to get behind it Back in the summer and fall We probably wouldn’t be at this point right now so to everybody who’s been involved from the administration to the legislators to the appropriators My hat’s off to you, but certainly to those individuals who came together and Formed a united front. That’s where the real credit is and I would encourage your support on their behalf. Thank you Thank you for the remarks senator stalls are you wish to give a closing? No, I would just mess it up That’s not true you’ve done. You’ve done very very well Further remarks hearing none the question before the Senate is final passage of Senate bill 91 it does require two-thirds majority vote for passage those in favor of vote aye those opposed any Madame secretary call the roll Thank You Bolin Mac Cronin Curt Ewing prairies Greenfield Haverly Hi nerds Jensen Kennedy killer plumb Kovac Langer Maher Monro Nelson nestled by Netherton North strip cotton partridge haters ruch Russell so hold solano Calls her Sutton Tapio Tiedemann white wick Youngberg Mr.. President there are 35 years Senate bill 91 having received a two-thirds majority vote for the members elect is hereby declare past you have A title amendment mark 91 Charlie Tango Bravo is that correct senator stalls are? In you move it at this time all those in favor signify by saying aye Was opposed nay motion carried we’re going to pause for a bit here and let me take my own privilege since I have the gavel and Thank the leadership of the veterans Council With the veterans council leadership, please stand Now everybody Now all veterans DD stand-up DD Navy especially – It’s a great privilege working with you all and at this point in time Colonel Would you bring your family and over to the middle here? Veterans if you would remain seated for just a minute here, I’d like to introduce The current points of the spear This is Colonel John Edwards and his family Commander of Ellsworth as you know a highly regarded family The only way we’re able to serve is because a family supports the commander’s Obviously they are deployed half of them are deployed in harm’s way now along with other troops and our airmen the Colonel that I’ve had the pleasure of meeting and his wife Just as his new chain of command, but I do know in a couple of weeks ago talking to secretary Wilson She’s not only impressed by you But the people of this state and obviously by her decision and their decision about future basing opportunities but none of that matters None of that matters just like these bills that we passed Matters not unless we have you at the point of the spear keeping us safe, so a mrs.. Edwards and the families You’re doing the hard work. I know and We really appreciate you being South Dakotans and in South Dakota and so colonel Thank you for your leadership, and thank you for your beautiful family and becoming South Dakotans Thank you very much Okay now we’re on to our House bill debate calendar. Thank you House bill 1161 an act to revise certain references to the International Building Code We’ll wait until the gallery clears Center Okay, thank you very much House bill 1160 once received a second reading it’s up for debate and final passage senator Langer. Thank you good to see you Oh well good to see you mr.. President Members of the body this is just a really simple bill I’m actually it was pretty sick was supposed to be pretty simple. It was on consent. I’m in the house as well It’s about our uniform building code it provides a standard base of reference for builders and contractors To ensure a building that is sold to a new owner meets decent standards. These are life health and safety codes No city, or county has to adopt any building codes And if they do they can amend to any extent they want this bill lets them use most recent version of this base Updated about every three years If this bill doesn’t pass an entity could look at the differences between the 2015 code Which we now under operate under and the 2018 update and amend their 2015 code to take in anything they wanted from the 2018 code this bill just lets them start from a newer base The contractors and home builders have been aware and watching this bill all session and are not opposed to it try to appreciate your support Thank you so much for the remarks Senator Northrup a Thank You mr. President The previous speakers absolutely right this is a simple bill. Well. We’ve got an industry standard in the Building Code the commercial building code officially called the International Building Code and Basically we currently have the 2015 version if this bill was to pass the South Dakota Standard would become 2018 that doesn’t mean everybody has to adopt it that just means that’s what the standard is and so Today I am standing to ask you for a no vote because I would prefer we do not adopt the 2018 version And I’ll tell you why I’ll give you some background on that first Let me give you a little bit about building codes as a small business, man I’ve built some buildings, and I’ve spent extra money to meet building code code and Got nothing in exchange for it I don’t mind spending money to get a better building a safer building a more energy-efficient building But when you spend extra money and get nothing that’s painful the two examples And I won’t give you all the details and the president would Or somebody who called point of order if I call if I held up some of the props that I’ve got here So I won’t do that, but one of the props that I’ve got if anybody wants to step by stopped by my desk I’ve got a picture on my cell phone I’ve got a door in Sioux Falls and on the door above the door. It says exit and That that sign is required by the fire code to be up there exit on the door is another sign That says no exit That sign is required by the building coach to be there Above the door exit on the door no accident if I take down either sign I’m in violation That’s one example of a building code gone amuck And I can show you the picture and I can tell you the longer story later that particular issue Took four months to resolve and many trips down to the and meeting with city halls to try to resolve that issue Another issue cost me $15,000 with a fire hydrant that I paid for that got me nothing The fire hydrant wasn’t needed will never be used, but it melted it allowed me to meet code So I spot I bought the fire code or the fire hydrant, so here’s here’s where I’m going with this Many of you if you think back as to which version of Windows you’re running some of you are running version 7 Some of you are running version 10 Nobody in here is running version 8 and version 9 there’s a reason for that they were terrible and so I’m going to take you back to when everybody was running version 7 and Version 8 came out and some brave souls adopted the new version and within six months 9 months 3 months the magazine’s were saying do not adopt version 8 of Windows it’s bad idea and then That passed and pretty soon Microsoft came out with version 9 and they told us this is better and a few brave souls rushed into version 9 and Very shortly afterwards everybody said it doesn’t work it’s worse than the first version or the so every now and then companies will promise you the new version is better and It’s not if you look at this book. It says 2018 on it I Don’t know when it was published But let’s assume it was published in the last few months It might be a good idea To let it age a year and find out. What’s in it I’m gonna ask for a no vote Give this a year to find out what’s in it if you understand? what’s in this book and if you understand the difference between 15 and 18 and you think those are good changes vote yes if You don’t understand the difference between 15 and 18 vote no I Would ask for a no vote. Thank you Thank You senator Nora Sarah clump. Thank you Thank You mr. President Just a clarifying point to the good senator from everything there was no windows 9 it went from windows 8 8.1 to Windows 10 vote no, thank you Whoa we got that cleared up shoo. Thank goodness were the Russians involved in that Sir Ewing are you going to talk about Windows or Windows? I’m not sure yet. I wasn’t gonna stand up okay nice to hear from you next speaker Just a few yes, sir things I I too have been through struggles of meeting codes in and doing projects and I was one of the people that voted in committee to pass this without even given it a lot of thought and And my good seatmate did bring a few things to light, and I’ve thought about it And I’ve done a little bit of research, and it would probably take a person Better part of six months of his life studying a thoroughly To understand everything that’s in there, and that’s a one size fits all International just like it says so sometimes a Practice in California or Florida isn’t necessarily going to be the best practice for us in South Dakota As far as when it comes to structures and buildings, so I’ll be opposing this bill as well Thank you further remarks senator Solano Thank You mr. President, I had no intentions of Standing on this bill either, but I do want to bring the body’s attention to what this code actually Says is that if the governing body of any local? You know government adopts an ordinance? prescribing standards for new construction or and shall comply with now the 2018 if this passes addition to the IBC But it goes on to say the governing body may amend modify, or delete any portion of IBC before enacting such an ordinance I Think one of our challenges comes into when we when we believe about local control And we’re wanting to allow our our communities or cities or counties to control What goes on within their communities I Think that that we’re trying to usurp that control and so the going to the 2018 IBC merely gives the reference point for all communities all governing bodies in South Dakota to utilize We clearly give allowance and statute then for that governing body to decide whether or not any particular regulation within that in International Building Code should be utilized or not utilized within that community, so I Understand the argument about you know these big books that come out every one to three years from some some large large organization, but I think we want to give the power back to our local communities our local counties To be able to go through this type of information And determine whether or not they to implement based on IVC or something different Thank You mr. President senator Munroe Thank You mr. President yeah, I don’t like Windows 8 either. I’m still in seven ten doesn’t work. No that works and but this this culture is turned into a We are oh Did I say that right? We actually culture has turned into a culture of chasing around certifications and Chasing around new codes and new this and new that we really don’t know what we’re doing And we can go back and forth on this if we want to we can adopt this one next year Or this year, then go back to the old one next year. I’d say Very few of us in here knows know the new things that are in here We don’t know what we’re getting into and we’re doing pretty well right now, so I’m gonna vote against it Thank You mr. President Thank you further remarks Senator Cole back good afternoon sir good afternoon mr. President. Thank you members of the body I’m going to be a no vote on this as well because I Really, don’t think a book that size Would bring back the life of that young gentleman that died in the collapse of the copper, Lau’s Building in Sioux Falls, South Dakota? Thank You Sara rotten Well I might as well join the party too if you think back 100 years ago 30 years ago when actually the houses were put up on the plains in order to lock down that plate They just took a 16 penny nail set it upright slap the plate on top in a way we built Now one can argue And I have there are some of these codes that I get a little miffed about But the newer devices that we have in that are placed in the cement that meets our requirements For lift of the building as winds come up we had in Sioux Falls of a little time back actually a downdraft and Then it actually I guess you’d call an updraft. Anyway it took the roof off their garage lifted the Some of the walls up and when you actually drove by the place the cement Anchors were doing their job. They were holding that that stud to the To the plane the garage was gone, but but the mechanism was still there I say that There are codes that When somebody comes in and they ask a question and I look at a blueprint and and whatnot and they call for something There’s a reason for that A couple years back walked into a place and they needed a specialty hanger to hang a a beam across the hanger was just shy of $300 so it’s $600 one of the guys popped up said I can weld that said yes You can here’s the the specs for it if you wish to weld it They were all happy because they figured they could do it for about 50 bucks said are you willing to accept the? liability and With that they decided to go ahead and order the thing in our society the way We’ve got it now. And not to pick on the legal aspect of it, but there are certain ramifications for not following codes They’re there for a certain reason not all of them, but some of them some of them are Driven in our local area because of a hurricane down in Florida insurance companies now because that they got to pay out so much they want some assurance that Their investment if you will will be protected that’s where we come in with some of these these cold requirements if You look at windows themselves you can have a variety of different Windows and going all out way up into the higher glass end where we get into the hurricane glass The code book will tell us what to do if we have a rapt building that is totally wrapped energy-efficient. It is tight Well now you’ve got mold problems So you need an air exchange all these things are based within the code book and then gives us a general parameter on Where you want to go? Do I especially when I put it in a addition on my house did I like to have to my galley? I had to put Tape around my window to actually seal it because that’s what our codes say in Sioux Falls Well, then all the years that I’ve built homes. I never had a problem with the window things because I knew how to caulk Which goes now into? Workforce Development, we don’t have a lot of good cockers anymore So I said all that to say this there. I don’t see any demons in this It’s just a code book you either adopt or you don’t adopt you go down You know and giggle at your your building inspector, and if you’ve got a good one He’ll he’ll listen if you’ve got a bad one well Now we’re in another conversation, so I will vote for this. It’s it’s just a codename There’s anybody wish to speak before senator Langer Gibbs are closing that’s kind of a hint center a hanger Thank You mr. President, and I would just echo what the good senator from Lincoln County said this is permissive. This is a local government free market control so it just gives the counties and the cities the ability to Adopt and go by the 2018 codes if they stood so choose I would appreciate your yes, vote on this Thank you for the remarks hearing no further remarks the question before the Senate’s final passage of House Bill 1161 those in favor of vote aye those opposed nay Madame secretary call the roll senator Boland Come back Cronan curd Ewing Freaks Greenfield Haverly Hi nerd Jensen Kennedy Killer clumb Colbeck Langer My heart One roll Nelson yes if I Netherton Nystrom ah Partridge Peters rush Russell so hold Solano stalls er Sutton, Tapio Tiedemann white wick Youngberg Greenfield Mr.. President there are 23 days and 12 nays Hospital 1161 having received a majority vote of the members electus hereby declare past Any questions on the title I? Must approve the title That was amazing that is tough, I pity your poor boyfriend in the future House bill House bill 1081 an act to repeal the sunset clause regarding the recreational use of non meandered water House bill 1081 having received sec reading us up for consideration and final passage senator Cammack welcome back sir Thank You mr. President Mr.. President and members of the Senate I bring before you House bill 1081 This is a House version of Senate bill 24 that we passed out of the house earlier this session The difference is that the House version removes the sunset provision? the legislation that we passed earlier this summer is far from perfect almost like every bill that we passed through here I Believe that the removal of this sunset provision Will allow proposals for modifications of this legislation to come forward in the future and deep in be debated Without the distraction of a sunset clause I would respectfully ask for your support of House bill 1081 further remarks senator Solano good afternoon again sir Thank You mr. President a question for the prime sponsor yeah, please state your question Thank You mr. President Mike my question is is whether or not was the inclusion of the sunset clause During the summer study or the workforce a part of the grand compromise Senate come back. Do you wish to answer the question the Addition of the sunset clause the end of the at the end of the session Was exactly that an eleventh-hour addition to the bill Sarah Solano you have a Thank You mr. President just a follow-up question blue state your question For the good center would in your estimation with the summer study have recommended or had approval without adding a sunset clause at the at the time that you are studying the issue sir commander you wish to answer the question I Don’t believe that it would be appropriate for me to guess. What are my fellow senators are thinking Sarah Solano? You have the floor Thank You mr. President, and thank you That certainly is a fair answer. I think you know not being able to talk for other folks that were present But I’m gonna I’m gonna encourage the body to recognize I believe that during the task force that looked at the non meandered water issue and we’re working on compromise That the sunset out to 2021 was a part of that compromise and I think would have been key to gaining the support to move from the summer study The recommendations that came before us this summer as House bill 1 0-0 wander in the special session So I would encourage you to think about that as you as you think About whether we should be supporting Senate bill 24, which did pass out of this body that? Establish the sunset to 2021 or if we should be looking at a complete removal of the sunset Which I think? significantly Impacts what we were looking at as it related to the summer session Clearly we’ve had Proponents in the same proponents that were would we’re in favor of both bills Senate bill 24 And the bill in front of us today and so I’m not sure how how we should take that other than? Clearly I think proponents Going through 20 Senate bill 24 certainly. We’re in favor and would be Satisfied with us putting the sunset back on out to the 2021 date and so For those reasons I would ask the body to oppose This new pass Thank You mr. President. Thank you sir senator, so hold good afternoon. Ma’am Thank You mr.. President Well this body has already passed out Senate bill 24 Which does include the sunset and so I would really urge this body? to resist House bill 1081 Now I understand that there are people in this body and chamber that really do not like sunset clauses and The thinking that we would any year can bring legislation Forward to change any statute, which is true and I also appreciate that this body there There’s probably a fair amount of fatigue on the non meandered water issue and have heard comments that you know I just know and everyone talked about this again. I want to have this go away forever But the issue is is that when you are working on something that over it has over a hundred and forty year history Which is the public water trust doctrine? it is one of those subjects that we’re going to have to revisit even though there is fatigue in the body and I believe that this statute the special session statute That while that committee worked really? Diligently took a lot of testimony it was still done in A short timeframe and there was a lot of pressure that was brought to bear during that timeframe Because of needing to open up the northeast part of South Dakota because they were economically suffering on behalf of all of us in the state So I do think this issue is of a nature That while it may be Controversial its controversial for a reason because we are shifting course on something that has an incredible history in the state of South Dakota and It is something that we really should examine we have already passed out Senate bill 24 That was endorsed by this Senate to then take it down to absolutely no sunset to me is a disrespect for people that are interested in having it examined moving forward and and part of What was the compromise coming out of the summer session what we were told was a? Compromise on all parties coming together and within that was a three-year sunset on that bill. We would not have seen that Portion of that had that not been negotiated on the front end so I would urge this good body to resist HB 1081 thank you, thank you further remarks Senator forget afternoon again sir well, thank you mr. President, and and I certainly understand the Perspective that my friends who are certainly very passionate about this issue as well. I’ve expressed The reason I support the bill that’s before us today is to give certainty a certainty to the foot soldiers with game fish and parks who are Working right now with the folks that are out there Who have had some issues as far as dealing with these flooded lands and I? just I think giving certainty to those folks and allowing more long-range type of Agreements to work will be enabled with the passage of this bill But I vote for this bill today. Not in any disrespect to the Opinions that have been expressed and the passion that That my friends who are from two of the biggest cities in our in our state have and so I asked for support today But I hope that Regardless of any of this that we keep looking at this issue And I think we will thank you mister Thank You Sara Tapio good afternoon, sir Thank you sir Today I rise to Kind of explain I guess my position on this Challenging bill. This is my first session and so this is our my second attempt to to look at this issue I Was strongly supportive of the idea that we should try to forge a Compromise from last year and I was a part of the group of people that Decided that it was important to set a one-year sunset on this piece of legislation The reason I believed that was that I didn’t like the process of coming to in the middle of summer and have a basically a vote yes or no on something that really the only way to get those waters open was to vote yes and so I thought it was important to have a process that said let’s look at this a different way I Brought to the attention of the folks that tried to forge a compromise I believe in good faith that tried to come up with a compromise and As I looked at that piece of legislation it was just something that I couldn’t agree with the idea that Open for one open for all or closed to one closed to all was a concept that I just couldn’t wrap my head around That concept If you’re a landowner and you have water on your property And it’s adjoining another property owner with water on his property Could potentially close that water to you hunting with your grandchild And that was a concept I had a hard time so the other the adjoining landowner could say I have a problem with this water Being open and so he can petition and send closed it and that would restrict my ability to Use my own property and so the process played out trying to come up with a very complex Solution to a very complex problem and We just couldn’t we couldn’t reach an agreement on a compromise I attended the hearing where an incredible amount of time went to preparing the the land owners Side of the issue as well as the compromise piece of legislation and as I watched those landowners come One of the landowners said I’ve come to the Capitol 20 years in a row on this subject nearly I’m not certain that we can just keep bringing people here to the Capitol to fight on an issue year after year after year And that’s very concerning to me is that? while before I was I was trying to forge a competent compromise where we could create a Situation where we would encourage the most number of bodies of water open to recreation I Came to that belief because I believe that there is a lack of entertainment and recreation in eastern, South Dakota And I believe that every body of water should if if it’s possible we should try to open that body of water to recreation of all kinds and I’ve come to the conclusion that we need to give the game fish and parks a chance in this situation so I appreciate the endurance of this Beach by the body, but it’s just kind of my efforts of explaining to my constituents of Where I come from so thank you very much. Thank you further remarks senator, Partridge Well, thank you, mr. President, I won’t belabor the point too much, but to say that basically During some of that debate there was An opponent to the bill that said that we have a plan we have a plan in place We have a process and that plan in place is a three-year sunset. That was what was compromised to this summer That’s what was discussed and that was put in place that was basically Overriding testimony against why we shouldn’t proceed with some of the other bills that were recommended here So we stand today trying to reconcile this bill With a plan in place of Senate bill 24 that had a sunset in it so I fail to understand how Really to reconcile the two do you want one or not the other or one or not? I don’t get it because the receipt we hear proponents the same proponents on both bills So I guess what I’d like to say is we should go back to the plan the plan that was presented the plan that was Defended the plan that was communicated relating to the three-year sunset. I would ask that you vote no on this bill Thank you. Thank you further remarks might occupy senator, hiner We talked could be mr.. President. Well. I urged the body to for a yes vote today, and here’s why We have a sunset every year It’s called the legislative session We can come in here Change the laws as we see fit, and I think if we were to pass this and remove this this sunset Then we’re going to get down to the real issues if we find that access or Buoying or stocking of these waters is the problem then we can attack those one piece at a time? Sometimes when you take a large issue such as this and you try to find the one right answer there just might not be one right answer for the whole thing but You can come back and Attack little pieces of it we find something’s not working We fix it It’s pretty simple this also gives land owners and sportsmen and Game and Fish some certainty We’re not kicking the can down the road another three years to a new legislature and a new governor What happens in three years if they just say well, it’s sunset it’s done Are we gonna close those Lakes for good done? Quite a few of us might not even be here So I think this is the appropriate plan Remove the sunset We have a game changer in secretary Hepler He has done more and probably the last year than what anybody imagined for landowners for sportsmen It’s not perfect, but I think we’re further than we were I Encourage the gay boat today, Lamia up.look, Lamia senator Ewing good afternoon Thank You mr. President, I just want to echo the some of the comments from the previous speaker right I Look at this as we get rid of this sunset and we’re allowing game and fish the freedom to continue the work that they’ve started with these landowners and the sportsmen and as the last speaker said this Secretary Hepler has been a breath of fresh air and and they have worked diligently And we’ve to say that we haven’t talked about this This session we’ve talked about it a lot, and we had a very fair hearing Evening evening hearing we had a lot of testimony I believe it was near three hours long so it had a good hearing people spoke their piece And I think this is where people wanted to go, so I would encourage a yes vote on this Thank You senator Nelson, thank you for your patience sir, I should have come to you next Thank you sir If I was this if I was a South Dakota farmer a rancher in South Dakota I’d be extremely nervous At the course of events that our South Dakota legislature has been undertaking the last several years We are literally being pushed towards something that is the antithesis of What our country stands for our? Country was founded on private property rights and here today We’re all crowing and talking about how great it is that we have compromised those private those constitutional private property rights the protections underneath the Constitution and We are seeing the effects of the South Dakota population being drawn to to magnetic epicenters of South Dakota large cities We’re in these large cities. We are now Seeing representation pushing to say let’s compromise these private property rights let’s not respect these land owners rights The compromise that was passed during the special session Violated our own ethical duties to every South Dakotan while we have majority rule our form of government is supposed to protect the rights of the minority We are in this situation because of government overreach government aggression Yay, tyranny We had the game fish and parks several decades ago start telling people That it was ok to go out on a farmer’s property if it was flooded and I reached out to the right away We in the legislature allowed that to happen and Didn’t rein in and we did not do our Constitutional duty as a checks and balances on the executive branch These poor South Dakota farmers had to take it to court To assert their private property rights now We’re saying that if there’s water on their ground that the public has a right to access it What’s next air the air touches your money so that the people have a right to take it? We have millions of dollars held in public trust in the banks that The average South Dakota does not have the right to go in and take water legally accumulated on a farmer or a rancher Property is just such They are legally Accumulated in most circumstances our South Dakota farmers and ranchers are not happy that the good Lord deposit is so much water on the property They’d rather farm it But now to take the misfortune and allow other people to access their property property that they bought and paid for with the sweat of their brow property that we took oath to protect and Circumvent and subvert the Constitution in doing so is a violation of our duties as their representatives furthermore The majority of us ran underneath the brand that says we are the party that protects private property rights now We already saw in this hell of for a majority of the members opposing private property rights immortal immortalise immortalization in a Senate Senate resolution – That was taken explicitly in almost verbatim from the republican party platform and here again What we are doing is? We told South Dakotans. This is who we are when we ran to get elected and Now we’re doing the bait and ship bait and switch once again South Dakota farmers be scared Because this is what democracy looks like – wolves getting together saying let’s eat the Sheep These folks have private property rights that we’re supposed to protect just because their ground gets flooded because of policies the state or we have enacted which Decode the denies and the ability to drain that flooded ground we’re gonna make them maintain that water on their property and then we’re gonna force them to allow people to come out there and fish and hunt and Give them no say-so in the matter, and they’ve got to ask permission to cordon off their property to keep trespassers off If that’s such a great idea Let’s open up every backyard every yard in Sioux Falls and Rapid City to the same considerations because what’s good for the South Dakota farmer should be good for all those city denizens and Let’s see how long the people of South Dakota would put up with that a policy? but the South Dakota farmers in the minority and Yet, they are the workhorse that shoulders the majority of the tax burden in this great state I’m opposed to this bill because it perpetuates the compromise of private property rights of the great South Dakota farmer and rancher It needs to be stricken from the statutes and what we need to do when those folks come to us as I’ve received dozens, maybe hundreds of emails that Now that they’ve gotten this Compromising statute they want to return to the policy of decades of game fish and parks told them that they can go out on anybody’s Property when it’s flooded out to the road Because you’ve compromised private property rights already and they want more and If we continue down this path We here in this great state this free country will have relegated the average South Dakota Farm and Rancher being nothing but a taxpaying serf and that’s unacceptable this South Dakota country boy further remarks Does anybody wish to senator wick Thank You mr. President Fellow senators. I rise today to support House bill 1080 one not to insult anybody who voted against Senate bill twenty four or anybody who worked so hard to put together the compromise attempt of Senate bill 199 I Rise To ask us to come together there are years of hurt feelings and lack of communication on all sides of this issue that simply cannot be fixed in one year let alone three I Know we tend to think the answers can come from peer But there is no answer to be found at this time in this building or any other in this state or in Washington DC Ever since 1990 various factions have been meeting talking and honestly fighting about water I Rise to make one point crystal clear I want to keep the waters open for recreation and this bill does it Game fish and parks has committed to make the necessary agreements to open as much water as possible working with the landowners and Removing this deadline will help them do it I? Believe that House bill 1081 is the strongest option to opening waters and keeping them open? So get out there Recreative respect and let’s stay committed to using the data. We gather with this approach to develop a long-term plan that will lead to a solution we can agree to here in pier and Out there with the landowners and on the water So please support House bill 1081. Thank you does anybody wish to speak before Senator Heiner speaks the second time I talked to page senator Heinrich We talked to be mister president, and I’ll just be I’ll be very brief. No party owns a monopoly on Protecting private property rights and as a landowner as a producer. I take offense to that Kalama habló de la mia Senator come back to you wish to give your closing Thank You mr. President, I’m going to take the lead from a previous speaker from a previous bill And I think anything more that I would say would only serve to screw things up so appreciate the support Further remarks hearing no further remarks the question before the Senate is final passage of House Bill 1081 those in favor will vote aye those opposed nay Madam Secretary. Please call the roll senator Boland Cammack Ronan Curd ewing Barriques greenfield Haverly Hi nert Jensen Kennedy killer Club Colbeck Langer My heart One roll Nelson Nessebar The other ten North strip Otten Partridge Peters rush Russell So Holt Solano stalls er Dutton Tapio Tiedemann White Wick Youngberg It’s just second Bolin Killer Capi Oh Mr.. President there are 20 days and 15 days how spill 1081 having received a majority vote of the members left us hereby declare past any questions on the title titles approved next bill, please Hjr 1004 a joint resolution Proposing and submitting to the electors at the next general election a constitutional amendment to revise certain provisions relating to the rights of crime victims House bill excuse me House Joint Resolution 1004 having received a sec reading us up for consideration and final passage senator, Boland Thank You mr. President I have before you first of all an amendment Julienne Juliet 1004 alpha-alpha that is correct. Could I ask I know that the house is Already out that doesn’t mean they can come over here in chat, so let’s keep it down Comments on the motion to amend as well as the bill sir If we could Could we would be possible if you could move the amendment Or I’d have I’m sorry you just did okay. Yeah make motion to amend Yep Mr.. Hassan the motion to amend bring to you amendment I bring you I bring to you today an amendment to HDR number for This change would allow this measure be placed on the ballot in June The reason for this is twofold one it will allow this issue. Be issued to be decided by the voters in a more expedited manner We will not have to wait to deal with this issue until November potentially saving counties a significant amount of taxpayer money secondly the original proponents of what we know today as Marsy’s law would like this expedite would like this matter expedited as they have now as they now fully realize some of the unintended consequences of the amendment passed in November of 2016 They have worked with a good speaker good Speaker of the House on the proposed fix Which is before you today and would like it placed before the public as soon as possible so that a decision in this state one Way or another can be reached quickly. I know this is unusual, but I believe the Sirius Sirius nough Subbing ‘no subpart ease to work together Should warrant our approval of this amendment to the bill? And I would also mr. President. I would like a roll call vote on this and I would like it to be require a two-thirds majority to be approved Because the there will be a necessity. I’m here palms up completely there will be a necessity for a secondary bill making adjustments to The duties of the Secretary of State the Attorney General in the County Auditor’s if This amendment would pass and if this measure would be placed on the June ballot Well first of all let’s let’s deal with a motion to amend, and then we’ll deal with Your other two requests further remarks on the motion to amend sin or sudden Question of the sponsor, please state your question Thank You mr. President and Senator just wanted first of all to thank you for for bringing us the amendment Ahead of time and being very palms up about this process we appreciate that What is typically the? The turnout in a primary versus a general Election percentage-wise do you have any history on that as a senator bowl and do you care to answer the question I could not speak Specifically obviously it is less, and I would I think it’s fair to say that it is substantially less It’s a senator Sutton you have the floor Senator Kennedy good afternoon motion discussion on the motion to amend Thank You, mr. Yes question for the prime sponsor question, please Senator I’m looking at article 23 Section 1 to get closer to your microphone, I’m sorry No, we’re looking. I’m looking at article 23 section 1 of the South Dakota Constitution which deals with? petitions to initiate Constitutional amendments from the general public as I read the third sentence of that section It says That the petition shall be filed at least one year before the next general election At which the proposed amendment is submitted to the voters And so my question is are you suggesting that we should? have a different set of rules for constitutional amendments proposed by the legislature than the one that the Constitution mandates For those that are proposed by the people sir a bowl and you care to answer the question. Yes, could you I’ve got Page 67 article 23, can you keep it being exactly specific as to which section you’re referring to Which line which sentence you’re referring to? Senator if you’re on page 67 you’re in the wrong section or else we got different, I’ve got a 2014 I’m in article 23, so its article 23. Okay, so on the newer version its page 69 Yeah, let’s not do pages. Just look at article here’s section one look down five lines The sentence starts with the petition I have it you have it good, thanks And and the question is again Mr.. President, please sir the question is whether you are suggesting that the legislature create a different rule for Submission of proposed constitutional amendments than the Constitution mandates For proposed amendments submitted by the people said no. Thank you mr. President. No. I do not believe I am This would be a measure that would be placed on the ballot by the by the legislature by approval of the legislature I do not believe I am Senator Kennedy, I certainly understand your question you want to rephrase it I can try yep Maybe I’m being obtuse Senator are you suggesting that The requirement in the Constitution that a an Initiated constitutional amendment be placed on a general election ballot Doesn’t apply to a proposed constitutional amendment coming from the legislature senator Boland. Do you care to answer the question I? Don’t I don’t see the issue in the question as the Potential the the desire might be of the legislature under very unusual circumstances to have a major placed on the June primary ballot senator Kennedy, I think your answer yes You have the floor though sir You bet I’m still not sure but but let me just reiterate for the benefit of the of the body Article 23 section 1 of our Constitution says if a Constitutional amendment is initiated by a petition from the public The petition containing the text of the proposed amendment, and the names and addresses of its sponsors Shall be filed one year, and here’s the operative language one year before the next general election At which the proposed amendment is submitted to the voters It doesn’t say The next primary election the next election the legislature should choose to set up says general election so I believe what this proposed amendment does is Says that if the legislature proposes an amendment to the Constitution of South Dakota different rules apply to us Then apply to the people I’m uncomfortable with that Senator stalls her comments on the motion to amend Yes, thank you, mr.. President. Well I would Contend that there’s already a different standard for the legislature If we put this on the November next general ballot, and we had to do that a full year in advance We’d be two and a half to three years before we could put this on the ballot So we’re already different because we can put something on the ballot for the general election So I just I don’t see the argument Senator Heiner Mitaka P, and then senator rush we talked to mr.. President question for the prime sponsor state your question sir The senator have have we ever put a constitutional amendment on the ballot in a primary center Bolen. Do you care to answer the question? They mr. President I do believe there was one time previous that a amendment was placed on a primary ballot I cannot be specific, but I’m from my remembrance of the last 30 to 35 years I believe there was one time that a measure did go on a primary ballot or In a special election I do believe that’s accurate senator. You have the floor Well, and I appreciate that answer I believe it was a special election not on a primary Here’s here’s my problem They we’ve already heard that voter turnout in primary elections is lower we know that I mean we know that across the board But it’s it’s going to be Exceptionally lower for parties that don’t have primaries, right? Now we don’t have a primary race in our party The independents don’t have a primary race So what is sort of Taken off a work drive into town Coming to vote on this specific Bill or this amendment What is the incentive to get out and vote We’ve heard all session long how we wanted more people to be part of the process And I think this actually limits the Turnout the people Who would put their voice? This might very well pass. I have no problem putting it on the general. Let’s get that straight I have no problem putting it on the general But to move it to a primary I Don’t think that’s the direction that we you need to go Coming out of this body, Kalama habló allow me. Yeah, senator rush good afternoon again. Thank You mr. President With all due respect to my good friend from Yankton County. I’m looking at article 23 section Dealing with the amendments to the Constitution And there’s three relevant sentences in there the first sentence being amendments to this Constitution may be proposed by initiative or by a majority vote of law members of each house of the legislature so the first sentence says there’s two different ways That you can propose amendments initiative or majority vote then the second sentence is dealing just with the proposal to amendments proposed by initiative because it says an amendment proposed by initiative shall require a petition signed by qualified voters equal in number to at least 10% Etc so it’s not talking about the majority vote of each members of the house of the legislature But it talks about the petition and the only time a petition is required is under The initiative, and then the third sentence a petition containing the text of the proposed amendment And the names and addresses of the sponsors shall be filed at least one year and again That’s talking about the petition, which solely relates to the initiative and doesn’t relate to matters proposed by the legislature So if you read that there is no dealing with the procedure to be followed there is no language dealing with the procedure to be followed if a change in the Constitution is being proposed by the Legislature, thank you sir senator decibel good afternoon Good afternoon mr. President a couple of questions for the for the prime sponsor state your question, please The first question is what’s what’s the big rush? Why do we need to expedite this to the June election instead of the November? Election like we have done it in almost every case except except one senator Bowen Yes, I’d like to answer that question as I stated in my brief remarks. It will definitely save the counties money if this becomes if this measure Is would be placed on the June ballot and passed the? Amendment would take place very quickly it would save the taxpayers money. I can assure you in Lincoln County There is at least and this is direct conversation with County This last year it’s cost the county over $300,000 to comply with the these requirements That’s the version it is there would be a financial advantage to counties senator, Nessa you have the floor for a second question Yeah, mr. Chair I don’t understand what the savings would be done because we would have to have I would imagine the Secretary of State will have to do a Very special booklet like she prepares every year with proponents in favor and opposed Instead of having to do that once the Secretary of State’s office is going to have to do that twice This would already be on the ballot in in November So I’m not sure how having one other issue on the ballot in November would be any more expensive to me It sounds like this is actually going to cost us money there a question in there The question is I don’t I don’t see where that where is the savings speak and and and then the follow up would be will The Secretary of State do a special booklet on this to make sure that the voters are informed for the June primary Sara Boland do you wish to answer both questions, I’ll ask answer the second one first I do believe yes that there will be a special effort to inform voters And the first one is clearly. I don’t think this is going to add nearly the expense that just one County in southeastern South Dakota is incurring because of the current Standard under which were operating Senator in Ossipee you have the floor And I’m sorry mr. President. I’m I just simply don’t understand I don’t understand where the savings is coming from if it happens in June rather than November Why is it cheaper to do it in June rather than November? Sarah Boland do you care I think I’ve answered it to the best of my ability Thank You senator nessip. Oh you have the floor I’m still confused about that I One of the other things I want to clarify that from the prime sponsor I know that the that the good senator from from Canton is also the sponsor of a constitutional amendment that would raise the Vote threshold to 55 percent that is likely to be on the ballot this fall Can you tell me if if that passed this fall would it? immediately apply to the two other measures that are on the ballot this fall a Rule that that’s not to the debate sir sir NASA, but you hit the floor What I’m trying to decide is that I I’m just trying to see if the good senator from Canton if there’s if if one of the Motivations is to avoid his own rule that he’s imposing on other constitutional amendments in November and by moving it up in June Avoiding the 55 percent measure that we’ve heard so much about how important it is to protect our Constitution I role that is germane question. Thank you, and I’m very glad to answer that question as was discussed thoroughly in the In the task force which we both served on the measure that by the way I’ll just inform you has already passed the House and I apparently will be on the ballot Will not apply to any measure that will appear on the November ballot. It will not it only applies to future Elections, okay, so I think that hopefully that answers your question Thank you, and there is no, and if I could add there is no motivation here to do any other matter than to Deal with an issue that has plagued our counties and has brought unintended consequences and which I will say the good speaker and Proponents of the original measure have worked diligently to come to a conclusion and to Reach reach an event which will be satisfactory not only to them but to the to victims rights groups and to the general public of the state of South Dakota Senator Nessa you have the floor sir Would it be fair to say? The rumor I’ve heard and either to confirm or to reject the rumor is that if this is on the ballot in November? That the person the folks who brought us Marsy’s law would be more interested in sponsoring Marketing related to that too to have that on on the ballot in June Senator I guess that’s another question senator Boland. Do you have to answer that question? I am not privy to any knowledge of that event I am not privy to any knowledge. Thank you sir, Nessa anything further No, I would just urge the body that this is If not unprecedented it would be the second time this would ever happen. I would really urge you to vote against this Amendment we’ve heard so much this session about the need to keep out out-of-state money the need to protect our Constitution, and I think having a vote at a primary will be completely dominated by Republicans Because Democrats don’t have statewide candidates running in primaries Neither do the libertarians or the constitutional parties and an independents aren’t a vote allowed to vote in your your primary as well I think excluding all of those people and Disenfranchising them effectively is a really bad idea and would set a really dangerous identify And I urge you all to vote against this amendment Thank You Senator Greenfield were you going to call the question mr. President Let me down too much, Thank You mr. President members of the body. I would like to take you back to 2001 I was a brand-new senator at that time and one of the issues that the previous Legislature had decided right before I was sworn into office was to sell the cement plant one of the other things that Happened during my first term in office was we securitized some tobacco settlement funds And I believe some intergovernmental transfer funds What we did subsequent to that and I looked back in my history on March 3rd we passed a bill requiring a special election for the purposes of securitizing those dollars and Locking them away in various accounts and with various Limitations put on how those accounts could be accessed What happened then was one month in seven days later? The people of South Dakota were asked to go to the polls and vote in a special election relative to constitutional measures now I don’t want to I I guess I’m what I’m here to suggest is that this is not unprecedented in fact Not only did the voters not have a year But they barely had over a month at that time to decide whether or not to support set issues and What 87-88 thousand people showed up at the ball at the polls on April 10th 2001 to cast their ballots, so the issue notwithstanding, this is not unprecedented and Dealing with something put on the ballot by the legislature is far different from Dealing with an issue brought by virtue of a petition by the people relative to the issue I Haven’t heard a lot of consternation over the issue. That’s being debated a Lot of people have worked very hard and they’ve brought in people from both sides in order to try to strike some some sort of a balance So I’m hopeful and I remain optimistic that no matter when this goes on the ballot that it would be Met with an affirmative vote I guess This may sound ridiculous But this is one of the few that I would see fit to vote for and so I wouldn’t mind keeping it separate On the on the ballot so that it doesn’t get caught up in all the noise of the other issues and I think that’s a that’s a recognition of again the extraordinary efforts that have been made in order to Arrive at a compromise This amendment simply would move the data up and I would urge your support of the amendment and the bill. Thank you Sorry, I thought there was somebody back there senator Russell Thank you, and I thank you to the majority leader And I hope that my comments are germane and and I’m glad that the question wasn’t called ice We have a statement well, we have a number of statements, but one being that This is not unprecedented I Think that what makes this Unprecedented Was how we are viewed both as a government and As a Political party and and what I mean by that is we’ve heard a lot from the other side of the aisle today I don’t know that every one of them spoke, but nearly every one of them spoke And there aren’t very many of them here What I’m think makes this unprecedented Is the idea that Just a year ago This body totally eviscerated what the people did In an in an initiative, and I hope this is germane It it’s unprecedented, I think from the standpoint that it’s it’s More than an anomaly that we would Put something on the ballot when a 40% of the electorate has very little reason to go out and vote And I think that I think that the term that I would use is there It’s almost and this is where I think that in in some sometimes what we do down here becomes dangerous and The reason it becomes dangerous is because there’s a certain level of thought that Of paternalistic thought and that’s what concerns me most about this debate because We are paying such little attention to what the folks on the other side of the aisle are saying And we have decided and and this is I mean the irony of the situation is is that the The speaker actually came into the committee that I heard this in And this is the guy that’s been railing Against out of state money, but this particular Amendment is brought for the express purpose of Allowing the out of state money to try and influence an election that we’re going to have in less than three or four months Now now think about that We went through this process of collecting all of these signatures to curtail in my mind The participation of the people in the process but yet we’re going to shotgun approach this thing and we’re going to make sure that the opposition if there is any Has very little opportunity to marshal any kind of another side of a campaign The the stated reason for the whole idea here as to why we need to do this in an immediate fashion I thought We had a statement that it’s going is that it That the the cost associated between June and November Is plaguing our counties with and it was unfortunately a bald a statement with absolutely No backing in anything that was passed out here. There was no articulate articulation of what the cost are going to be over the next couple of months if we were to delay this I Mean this is what we’ve this is what we’ve got to hear in this body is is we act on some And We act in a brazen fashion and What I might be what some people may perceive as This paternalistic arrogance on the part of us Because we think Or we may appear to think To the people that pay the freight the taxpayers that we think we know best and That’s the inherent problem that I see in this in this whole situation here is that? we I don’t even think that we we try and think about how this looks to the average taxpayer and especially those in the minority parties That we are we’re just going to do whatever we want to do down here And we’re going to make it as easy on us as possible in order to get that done And that’s what truly bothers me about this whole debate there in my mind there are an enormous amount of ironies in this debate I I wholeheartedly support the idea that we have a we have a compromise and Everybody came to the table and said this is a great idea But in order to do it We are essentially violating with this amendment So many of the things that we would normally think as to how you operate I the the Constitutional article brought by our friend from Yankton. I don’t think can be given such short shrift and The reason I don’t think that is because although yes if we if we parse it There are two different paths but I think that the the The basic underpinning of what was read is that? It goes to a general election there’s the the the fundamental principle that we want participation if we’re going to Change the constitution and the fact that We want to make it 55 percent of a smaller pool of People we we want a higher standard as a body But yet we only want 25 percent of the people voting on it I mean think this through folks. There are so many crazy this this is such a convoluted and crazy Way of What this is is the means? justifies the ends That’s what’s going on here, and we’ve gotten to that point in this legislature Because we don’t Fully think about how the public perceives What we do down here, and it it it it bothers me to no end but I’ve seen this time and time again with this body and I Don’t know it it. Just it truly bothers me the inability of us to contemplate how what we do here makes us look and I would hope that you would defeat this and then go on to pass the bill senator occurred Thank You mr. President I had called a question on the motion to amend HJ r100 for Seriously all those in favor of calling a previous question signify by saying aye those opposed nay motion carries Roll call has been requested. I think earlier by Senator Boland is he supported on a roll call He has supported the question before the Senate is center of balance motion to amend marked Juliet That is out of order where you’re going next. I think going on the 2/3 issue Is that right? Yes, okay. Well why don’t you state your point of order? I apologize okay? Thank you my point of order is this is that is that there will be? a there will there will need to be a further bill brought to allow for efforts by the Secretary of State the Attorney General and the Auditors to deal with this, so I’m just going to put this way if it is if this doesn’t get 2/3. I’m going to Ask for an immediate Reconsideration and a defeat of the amendment, I’ll leave it at that if that’s if it’s out of order no no sir I thank you. I misunderstood where you were headed earlier Because you’re shooting shape as we would say in playing pool There’s nothing that we’re doing now with this amendment or even on Joint resolution that requires a two-thirds vote if you’re doing it because of something further down the line, that’s certainly within your purview Understood and you could So right now. It’s a simple majority the way amendment voting is although everyone’s present It’s a simple majority of those present Which would be the same as those elected since everyone’s here so the question before you as Senator Bolin’s motion to amend hgr 1004 its marked Juliet 1004 alpha-alpha those in for an in favor of that motion to amend will vote aye those opposed nay Madame secretary will call the roll senator Bolan Come back all right Cronan curd Ewing pardon Frerichs Greenfield Haverly hi nerd Jensen Kennedy killer Club Colbeck Langer My heart Munroe Nelson Nessebar Netherton Norstrom Anton Partridge Peters rush Russell So hold Solano stall sir Sutton Tapio Tiedemann white wick Youngberg Mr.. President there are 22 yeas and 13 days Sara Bolin’s a motion to amend mark Juliet 1004 alpha-alpha having received a majority vote of the members electus hereby declare past and 1004 is so amended we are back to 1004 as amended Senator Boland, I’m gonna give you the latitude since you just spoke solely to the amendment now – To speak or defer your time Do you want to take a minute they’re in a huddle and yes, sir if I could thank you yep, we’ll be at ease Senator Boland Mr.. President, I would like to have this bill deferred to the bottom of the calendar with your permission Yep, all those in favor signify by saying aye aye those opposed nay motion carried I’ll remind everybody that we’re the furthest to the end of the calendar, but it is now amended. Thank you Next bill please 5555 an act to revise the authority of the interim rules Review Committee to revert a rule to any step in the rules adoption process Good afternoon senator Russell was there an amendment for this or not today. You know I did have one Mr. President, but I would like to explain What I’m gonna do instead Okay, you don’t have one up here. I don’t see one to my okay I did have one prepared, but I have not decided okay. Thanks for your explanation. Please proceed Thank You Mr.. President The house had passed this bill With the idea that what we would do is we would give the Appropriations Committee some additional power or latitude in our rules review process in order to Make sure that if the if the Government was going to expand a program that had not been authorized by the appropriations committee that They would simply have an opportunity to look at it. I have after it passed the house and passed out a committee I’ve come to the realization that there wasn’t much of an appetite on the part of the Appropriations Committee to have that kind of review or power over The executive and so with that I don’t know that if it’s appropriate for me at this time to make a motion to table Or if I need someone else to do so, but that’s my intention. Thank you sir senator Nelson Thank you sir, well, I rise in a little bit of a grudging fashion to go against my my sidekick or Sidekick II I’m not sure which I may have my differences with some of my colleagues, but I inherently respect the process and I would ask this good body to refrain from enacting in such a fashion this bill has made it through a large part of a legislative process and We are required by the state constitution to provide South Dakotans an open process It’s literally in our Constitution So I want us to refrain from deciding things outside of the view of the public The debates on these bills should be occurring 100% in the public’s eye if we have opposition to this bill Then say so on the record to South Dakotans where it belongs not behind closed doors So I stand to oppose tabling this bill out of respect for my colleague in Yankton and I’d ask for you to do the same have the debate here have the bill pass or fail on its merits as Expressed the people of South Dakota Thank You senator partridge Thank You mr. President, I would move to table that Is a non debatable motion and does defeat the bill In his roll call because of his final action question before the Senate is Senator partridges motion to table House bill 12:55 those in favor of tabling will vote aye those opposed nay Madame secretary call the roll Senator Boland Come back aye Cronin kurd Ewing Fritz Greenfield great Haverly hi nert Jensen Kennedy killer Clum Colbeck Langer my heart One roll Nelson Nessebar Netherton North strip Cotton Cartridge Peters rush Russell so hold Solano stall sir Sutton Tapio Tiedemann white wick Young bird Killer Mr.. President there are 34 years in four days senator partridges motion in that House bill 12:55 Be tabled having received a majority vote of the members elect. It’s hereby declare passed and so table Mr.. President senator Greenfield we have that vote read one more time, please. Yeah, I Think you announced thirty four to four she said twenty four dinner. Oh, I apologize well. Let’s try it again Let’s play it back Thank you a long time caller first time listener There’s 31 yeas and for news Oh both of us were wrong. Thank you It’s late And welcome back today senator Kovac what bill might this be Having had its second reading 11:21 is up for consideration and final passage I think this thing has had four readings right in just this body alone welcome senator Kovac loved’ Thank You mr. President welcome members of the body again, I won’t keep you long today, hopefully But after all that discussion today, let’s talk about some more alcohol bills, okay? House bill 11 21 yesterday we had some debate on the floor about this bill. This is a bill that came to me It’s an act to revise the fees for certain on sale and off sale retail liquor license I explained yesterday What an on sale licenses that is like a bar or a restaurant? License where the alcohol is consumed on premises off sale is where it is purchased at the Location carried out the door or through the drive-up window and you take it home with you or to the ballpark or wherever you go To enjoy it That’s an on sale off sale license the reason for this Bill was there are currently different fee structures for on sale and off sale licenses some of these cause confusion for the new municipalities and arbitrarily suppresses the market values of licenses and smaller communities On your desk I lay it down a chart. That shows you a little bit simplicity as to what this bill actually does it shows you on sale or and on sale was the biggest question yesterday and On sale licenses, and I’ll go to that one class 1 class 2 class 3 that’s the way our cities are What do you want to classed in the state of South Dakota class 1 Yeah has a population of 5,000 or more class to a population in between 500 and 5,000 and a class 3 less than 500 Currently You can see what the different license fees are What the proposed license fee and the current renewal fee and the proposed renewal fee the question yesterday was Brought to our attention that there would be some of these municipalities or cities possibly could take the fee that they now charge And raise that fee, and the answer to that question is yes. They could do that I’m just going to tell you this that I don’t feel that any particular class 3 or class 2 municipality Would probably want their 1? loan restaurant Or bar or bar and/or restaurant. I don’t think as a municipality would go to that particular location and say we’re gonna raise your fee by $100 or $300 or whatever it is because now we can do that Because I think that would put a burden on those communities, and they don’t want to lose those businesses. They want to keep those businesses What it does for the smaller class 2 and class 3 communities is that they now have the option? They now have the option of the $1 per population Charge that fee on that license now, here’s what can happen and I’ll use this example in lead, South Dakota They had one license per population in those those are dictated to the cities and municipalities by the census They had one license available But they were in the old statute they were They could only sell it for $1,200 they were capped at $1,200. They had four people that were interested in that license So they had a bid on that license and everybody put their bid in an envelope and all four people bid $1,200 so then they had a dilemma as to what they did and they eventually came to a consensus with the City Council and the license was issued but the opportunity for them under this bill 11:21 would be they could put that license up for auction or Up for sealed bids, and they could sell it to the highest bidder Just down the road from lead is a town called spear fish Spear fish had the same situation, but they’re a class one municipality, and they were able to sell their license for over thirty thousand dollars, so This would put the class two and three municipalities four on sale liquor licenses on the same boat the same page so to make that equal so that’s that’s the purpose that of this bill and just to make it real simple a hundred and twenty cities in the state of South Dakota own their own licenses So if you look at the fees on the class 3 and class 2 and there’s a hundred and ninety five plus three Cities in the state of South Dakota, and they’re allowed three on sale licenses by law By law they’re allowed three a hundred and twenty of them own the license themselves so in essence If they decided to raise their proposed renewal fee. They’d just be paying themselves I Don’t think that there’s anything in here that would Inhibit anybody from doing business. I think it would make it better for the municipalities and the cities I don’t think it would hinder any private industry. It would only make it better for them as well I think it would create some stimulus and I Will stand by for any questions and I ask for your favorable vote on this bill. Thank you. Thank you further remarks senator, Ewing Thank You mr. President, I’m just standing up as a me-too on this bill due to the fact the example he did gift did happen in my district and I think Removing that cap will solve some problems Thank You senator Heinrich Mitaka p dr p mr President well I take a little different approach to this and I apologize to the body for for bringing it up but if you look at the Handout that the good senator Distributed look at the number of towns that are class-3 and a lot of those towns are in district 26, and they might have one or two maybe even three establishments and You could a city could then charge each one of those another $800 and in a town like PUC wanna $800 in in little old puck wanna that by be a week’s worth of sales So I’ve you know. I just I can’t support this. I I agree. I don’t like the caps either I think that’s that’s something we can we could talk about, but we don’t do it on the backs of our small towns Galamian allow me no further remarks Hearing none the question before the Senate. I’m sorry sir Nicole Beck. Did you want to speak or 12th time? He haven’t had done yet anyway, I just what it is and I appreciate the senator Permission just a real quick example of what? He was trying to allude to The city of Hurley for example as a class-3 Municipality I called up numerous cities and I asked them what they were charging for the licenses today what their renewal fee is and What this how this would affect them if if the situation came into where they would want to up charge their License in the city of Hurley which is a class three license they charge $800 for that retail license Okay The they could charge on a renewal of a new license if there was somebody wanted to come into that town and they did have a license available which I believe they probably do because They are allowed to have three because they are a class we would be nine hundred dollars so that they would have the opportunity on a new issued license of One hundred dollars, and then the renewal fee would go to fifteen hundred and what the good senator was saying that is correct But also in the city of early for example they own that license themselves so they just be charging that back to him So that’s just an example of what he is talking about. I just wanted to reiterate that but anyway I again, I I think this is a good bill, and I would appreciate your support on House bill 1121, thank you further remarks Hearing none the course before the Senate’s final passenger House bill 1121 It was in favor of vote aye those opposed a Madame secretary call the roll senator Bolin Come back all right Cronan curd Ewing frerichs Greenfield Haverly Minard Jenson Kennedy Killer Plum Colbeck Langer my heart Munroe Nelson yes if I know they’re ten North strip cotton Partridge Peters Rush hi Russell So hold Solano stall sir Sutton Tapio Tiedemann white wick Youngberg Vinson Yes boy Nelson Mr.. President there are 22 yeas and 13 days hospital 1121 having received a majority vote of the members elect is hereby declare past There can’t be any questions on the title because I can’t hear anything dilly dilly Okay having had at second reading HJ RI 1004 is up for consideration Sir Boland welcome back well, thank you Thank You mr.. Mr. President fellow members that brings you I bring to you today Hgr number four as a menator proposed change to the constitution that seeks to make adjustments to an amendment to our state Constitution that was passed in 2016 that is better known as Marsy’s law That amendment was designed to promote and enhance victims rights, but it had the unintended consequences that have caused much concern with the units of local government in our state Furthermore it has led to problems for the sheriff’s departments and other aspects of law enforcement as they seek to notify the public of criminal behavior and potential threats that may still exist Everyone I know wants to give victims of serious crimes of violence there do and treat them with the utmost care and decency They deserve our support as we seek to as they seek to recover from terrible acts of personal violence However the Mazer passed in 2016 has led to unintended consequences as far as victims are concerned and has placed all kinds of crime on Virtually the same level property crimes though serious should not be on the same level as that of assault and battery sexual assault and other serious offenses This amendment hgr number four seeks to deal with this issue and seeks to end the current notification practices that have caused many problems for units of local government since late 2016 You will notice an hgr number for the phrase upon request Repeated extensively throughout the measure This relieves the county’s and law enforcement officials in our state of the burden of looking for relatives who may live far away and need to be Located and informed of crimes of a property Nate nature I would like to state that this hjr was supported in the committee by victims rights groups the sheriffs Association the district attorney in Pennington County the office of the governor the South Dakota newspaper Association a representative of the South Dakota Network against family violence and furthermore has received Unanimous support as it has moved through the process I urge your support for this worthy amendment to our Constitution that seeks to fix a real and genuine problem We all face today And one that our units of local governments certainly are asking for I would ask today that you your support To place this on the ballot so that the public will have another opportunity to deal with this issue of victims rights One that protects the victims, but approaches the subject in a more appropriate way for our state, and I just would like to say again This is a measure that has the speaker of the house and the Proponents of Marsy’s law have worked diligently and long in a long-standing situation to bring Some adjustments to this that would be suitable for the state of South Dakota. I would really appreciate your support. Thank you Thank you, sir, further remarks Senator Nessa by Mr.. President just a question for the for the prime sponsor yes, sir Does this need an emergency clause to make sure that the Secretary of State and others can get repair this for the June ballot? senator Boland Thank you a good senator I’m just gonna be totally Transparent here. That’s we want to try to be transparent there will be another bill coming that will allow for that. Yes, sir NASA do you have the floor mr. President Would we be? Questioned for where the good senator from Kansas wouldn’t we be better served to? To put this off for a day and have that clause and put this all together. I’d like to vote for this bill I just I can’t vote for it in the expedited manner for the June ballot and If we are going to do it for the June ballot We definitely need to have an emergency clause so I think going forward at this point without that on There is difficult for me to support well I’m gonna weigh in it doesn’t require an emergency clause for putting it on the ballot There’s an amendment already it’s self executing The emergency clause discussion, I think is what senator Bolin was talking about is the funding bill. Do I have that correct senator bowling? Mr.. President I have a copy here of the proposed Poe’s bill that has not been put into bill form yet, but What it does is it allows for changes in deadlines? So that the Secretary of State the Attorney General and the County auditors can deal with the with the deadline Problem to get this into proper form for the June 5th election senator nespa you have the floor sir Yep Senator Monroe, and then senator Heiner Mr.. President he took the words right out my mouth. It’s it’s administrative allowing Secretary of State have time to make the Changes it’s not just for funding. That’s another bill that is intending on coming as senator ball It’s been very open about senator Heinrich Mitaka people dr. P mr.. President. Well. I just I urge the body to resist this This bill for for a couple reasons One is you know now with this June primary? We’ve taken there’s 48 percent of our populace of registered Republicans 52 percent are other Those other Party affiliations as we stand right now don’t have a primary Maybe this will actually work in the opposite Maybe will maybe will fire people up. We’ll get a bunch more people registered I think I think that could be a good thing for us But I can’t support this when we are going to Now the June primary and the other thing is I think we’re making lots of assumptions We’re assuming that this passes the ballot and By moving it up to June you have taken out a whole bunch of people Who might be supportive of this measure I? Guess that’s a chance you’re willing to take but I’m not Thank you for the remarks Does anybody I’m sorry senator Kennedy Thank You mr.. President I Too will speak in opposition to this I would like to be able to vote for the proposed amendment to Marsy’s law I Cannot support this type of process Or we’re being asked to vote on a piece here and a piece tomorrow and a piece whenever that we haven’t even seen I Don’t think that’s appropriate. I don’t think that’s fair to ask us to operate in that way I Think if there is a package of bills that needs to be presented to accomplish to this Let us all see the package Further remarks Senator Nelson Yes, sir. Thank you. I will keep this real quick folks. I would ask you please work off the premise of the merits of each bill in front of you I Talked with the primary sponsor Ernest, there’s nothing guaranteed yet that this will occur in June. That’s another bill That’s down the road, and we still have that left to debate I would ask you this I believe this is a good bill I believe that this should be sent to the voters and and let’s deal with this issue right now And then deal with when it will be addressed in a subsequent bill, but please let’s listen Let’s concentrate on the merits of this one. I do believe I hardly support the price pots for bringing this I think this is some good common-sense changes to our Constitution And and I and I’d ask us all to look at that only and let’s deal with the other bill down the road Thank you. Thank you does anybody wish to speak before senator or Bolin gives his close Thank You senator first Thank You mr. President, and I have more of a parliamentary question and I And obviously You know you reserve the right to just say no, but I’m curious the way that this resolution is written right now if this passes and the other Bills that are out there that we’re talking about that could exist if any of those happen to fail Is this resolution in jeopardy of? Even making any ballot the way, it’s written now Is my question and I Certainly respect if you just say that I’m out of words I think that that’s fairer, and there’s just been a lot of balls in the air today on this and other things Um this is treated like any other bill. There’s one exception is it doesn’t go downstairs It’s not signed by a governor. It goes directly to the people if you vote for it so the governor has no Review right no veto right etc Currently it’s been amended from the House version so if you pass it out of here on a simple majority Which is what it takes. It would go over to the house for concurrence in this amendment Regardless of if this takes some executing money it has been dictated by the legislature to be on the ballot and If there’s funding issues etc. That would be fundamentally something for your finance people and/or There’s been indicated another bill. That would come as a special appropriation just for that Does that help and mr. President? Thank you for the? explanation and and Entertaining my question I appreciate it anything else sir Okay Does anybody wish to speak before senator Nelson speaks again, okay senator Nelson? Thank you sir, and I I do stand corrected my apologies for misunderstanding. I I definitely appreciate my colleague from across I’ll get me squared away. Thank you, sir I Think you were sort of saying the same thing. We just have a lot of Different items going forward so Sarah Boland. Do you wish to give a closing? Yes, mr. President very briefly this Major needs to move forward I would appreciate your support Thanks much. Appreciate your support. Thank you We’re ready to vote then the question before the Senate’s final passage of House Joint Resolution 1004 as amended those in favor will vote aye those opposed nay Madam Secretary you call the roll, please senator Boland Camac aye Cronan occurred Ewing frerichs Greenfield Haverly hi nerd Jensen Kennedy killer clumb Kovac Langer my heart when roll Nelson Nessebar Netherton North strip Partridge Peters rush, hey Russell So Holt Solano stall sir Sutton Tapio Tiedemann wait wick Youngberg Mr.. President there are 27 days and eight nays House Generate resolution 1004 having received a majority vote of the members elect us hereby declare it passed any title questions There should be a title of measures attached here, and you moved Juliet 1004 alpha tango alpha is that correct I do all those in favor of that title amendment signify by saying I Was opposed nay. Thank you very much. It is amended Senators, that’s the end of our business I do want to highlight for all of us and those individuals who are watching on public Broadcasting a live stream that we do have a commemoration that we don’t talk about Because it’s part of our record. That’s on today’s calendar and that’s for Reverend Graham Reverend Graham is lying in state in the rotunda And I think is an icon from the perspective that all of us come from that We come from different backgrounds different beliefs, but that we have all one common good And that’s the service of others and in my case trying to work on the salvation of my soul So I think that it is appropriate at this time. I would ask that we pause and In whatever fashion we’re comfortable with to pause and say it to send up a prayer for the blessings. He has given us. We’ll pause Thank you I have quite a few bills to sign as you can imagine, so we’ll go with announcement senator Ewing Thank You mr President well we will continue our rodeo in room 414 to finish out state affairs for this evening so If everyone could hustle up there the ten state affairs will resume yeehaw Further announce with Senator Boland, thank you Sanna dead tomorrow 7:45 our last five bills up. Thank you. That’s it Senator Jensen, thank you, sir a mr.. President Commerce and energy 11:00 o’clock sharp tomorrow 11 o’clock senator Russell Senate Judiciary 745 tomorrow, thank you sir senator come back Senate AG tomorrow morning at 10:00 10:00 any other announcements Okay, thank you very much Constitution requires the president sign in open session bills that have passed the both the house passed both the House and the Senate and read their title as well as their bill numbers as being signed president signing a bill proposing to submitting to the electors at the next general election amendment to the constitution of the state of South Dakota Relating to the amendments to the Constitution that Senate joint resolution one I misspoke. It’s a Senate joint resolution President signing an act to revise certain provisions regarding campaign finance limits Senate bill 7 Press landing and act to revise certain provisions regarding lease purchase agreements for a local Education Agency Senate bill nineteen President signing an act to enact the state and Province Emergency Management Association Memorandum of Understanding Presidency an act to enact the state and province. I always said that Senate bill 20 President an act to reduce the driver’s license renewal requirements regarding the submittal of documentation of Social Security numbers and update certain references to federal regulations Senate bill 23 President signing an act to established a license for certain gaming equipment manufacturers and distributors and to establish a license fee Senate bill 44 President signing an act to authorize the Department of Tourism to pin their certain commercial advertising and information centers Senate bill 59 Rosin signing an act to allow certain registration and permit documents to be stored and presented electronically Senate bill 69 President signing enacted a find the terms serve For the purpose of regulating the sale and use of alcoholic beverages that Senate bill 79 enact are the authorized certain patriotic society’s Access to public schools, that is a Senate bill 83 Press signing an act to revise certain provisions regarding the intentional exposure of others to certain diseases, that’s 93 President signing an act to establish certain provisions regarding the opportunity scholarship program. That’s the Senate bill 94 President signing an act to designate Chiswick Gosh I’m actually modifying it right now it has to be land as the official bosch Akash Mosh mosh of the state of South Dakota at 96 President signing and act authorized the release of certain 9-1-1 emergency surcharge information to public safety answering points at Senate bill 99 Proceeding an act to authorize Healthcare practitioner to administer a toxicology test to an infant under certain circumstances, that’s Senate bill 105 President signing an act to revise certain provisions regarding the partners in education tax credit programs Senate bill 117 President signing an act revised certain provisions regarding the sale of trailers at special events and declared emergency. That’s 151 Roza designing an act to require disclosure of certain fees being imposed by overnight lodging accommodations that was sent about 153 Roses signing an act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills that was 154 President signing an act authorized certain insurance transactions and policy policies in language other than English that’s House bill 10 93 President an act to revise certain provisions regarding Limitations on licenses engaged in the business of making loans that’s House bill 1094 Presence awning an act to revise certain Revise and repeals certain various provisions regarding the construction and maintenance of County and Township highways and bridges. That’s 1107 And the president signing an act to provide for the acquisition of certain motor vehicle titles by auction agencies in certain circumstances 12:36 Senator Keller moves that the Senate do now adjourn all those in favor signify by saying aye Most opposed nay motion carried. We are returned. Thank you You

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