The prayer was offered by the Chaplain, Reverend Tom Christenson, followed by the
Pledge of Allegiance led by Senate page Paul Christenson.
Roll Call: All members present except Sens. Frerichs and Sutton who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 6, 74, 83, 96, 115, 119, 130, 145, 156, and 227 and
finds the same correctly enrolled.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1151 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1130, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
58-22-1. The following words whenTerms used in this chapter shall have the following
meanings mean:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1171 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. That § 43-45-4 be amended to read as follows:
43-45-4. In addition to the property provided for in §§ 43-45-2 and 43-45-3, the debtor, if
the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's
personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal
property not to exceed in the aggregate six seven thousand dollars in value; and, if not the head
of a family, property as aforesaid of the value of four five thousand dollars, which is also exempt,
and which shall be chosen and appraised as provided by law. "
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1123 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1124, 1149, 1152, 1167, and 1246 and returns the same with the
recommendation that said bills do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1168 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Education respectfully reports that it has had under consideration
HB 1198 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1204 and 1213 which were deferred to the 41st Legislative Day.
I have the honor to return herewith SB 6, 74, 83, 115, 119, 130, and 227 which have passed
the House without change.
I have the honor to return herewith SB 34, 44, 84, 147, 174, and 198 which have been
amended by the House and your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1048 and 1058.
I have the honor to inform your honorable body that the House has appointed Reps. Verchio,
Duvall, and Ring as a committee of three on the part of the House to meet with a like committee
on the part of the Senate to adjust the differences between the two houses on SB 151.
SENATE PAGE RESOLUTION 4 Introduced by: Senators Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman, Phyllis; Holien; Hunhoff, Jean; Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup, Al; Olson, Russell; Omdahl; Otten, Ernie; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
WHEREAS, the members of the Eighty-eighth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-eighth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Omdahl moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Omdahl's motion that Senate Page Resolution 4 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Maher moved that the Senate do concur in House amendments to SB 1.
The question being on Sen. Maher's motion that the Senate do concur in House amendments
to SB 1.
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Vehle; Welke; White
Excused:
Frerichs; Sutton; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that the Senate do not concur in House amendments to SB 5 and that a
committee of three on the part of the Senate be appointed to meet with a like committee on the
part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Olson,
White, and Lucas.
Sen. Tieszen moved that the Senate do not concur in House amendments to SB 39 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on the
part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Tieszen,
Vehle, and Welke.
Sen. Maher moved that the Senate do concur in House amendments to SB 80.
The question being on Sen. Maher's motion that the Senate do concur in House amendments
to SB 80.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Peters moved that consideration of House amendments on SB 120 be deferred to
Monday, March 4, the 33rd legislative day.
Which motion prevailed.
Sen. Hunhoff moved that the Senate do concur in House amendments to SB 71.
The question being on Sen. Hunhoff's motion that the Senate do concur in House
amendments to SB 71.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that HB 1237 be placed to precede HB 1030 on today's calendar.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Appropriations on HB 1096 as found on page 593 of the Senate Journal; also
Appropriations on HB 1050 as found on page 593 of the Senate Journal; also
Health and Human Services on HB 1233 as found on page 596 of the Senate Journal; also
State Affairs on HB 1045 as found on page 597 of the Senate Journal; also
State Affairs on HB 1098 as found on page 597 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Brown requested that HB 1122 be removed from the Consent Calendar.
HB 1120: FOR AN ACT ENTITLED, An Act to allow regional intergovernmental
cooperation for sewer utilities and to provide for the establishment of rates and charges.
Was read the second time.
The question being "Shall HB 1120 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1056: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions.
The question being "Shall HB 1056 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions for a secondary
election if the candidates for the United States Senate, United States House of Representatives,
or Governor do not receive a sufficient percentage of the votes cast during a primary election.
Was read the second time.
The question being "Shall HB 1170 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1209 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Frerichs; Sutton
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1237: FOR AN ACT ENTITLED, An Act to revise certain provisions to abortion
counseling.
Was read the second time.
The question being "Shall HB 1237 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rampelberg; Rave; Rhoden; Van Gerpen; Vehle; White
Nays:
Adelstein; Bradford; Buhl; Jones; Lucas; Soholt; Tidemann; Tieszen; Welke
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Olson moved that HB 1030, 1239, 1164, 1033, 1068, 1108, 1194, 1234, 1018, 1189,
and 1061 be deferred to Monday, March 4, the 33rd legislative day.
Which motion prevailed.
The President publicly read the title to
SB 6: FOR AN ACT ENTITLED, An Act to determine whether factors affecting
productivity should be applied if the actual use of agricultural land does not correspond to the
soil classification standards.
SB 74: FOR AN ACT ENTITLED, An Act to require the forfeiture of preference points for
certain hunting licenses upon conviction of unlawfully killing, destroying, taking, or possessing
trophy animals.
SB 83: FOR AN ACT ENTITLED, An Act to designate Welcome Home Vietnam Veterans
Day as a working holiday.
SB 96: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the
requirement to reorganize due to low enrollment.
SB 115: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer inspection
fee for purposes of fertilizer-related research and to create the Nutrient Research Education
Council to promote such research.
SB 119: FOR AN ACT ENTITLED, An Act to ensure freedom of media coverage of high
school activities.
SB 130: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
absentee voting.
SB 145: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
content of annual property tax bill.
SB 156: FOR AN ACT ENTITLED, An Act to authorize township boards to increase the
front foot assessment for road maintenance, repairs, and improvements and to revise certain
provisions concerning road districts established by townships.
And signed the same in the presence of the Senate.
SC 21 Introduced by: Senators Otten (Ernie), Brown, Olson (Russell), and Rave and
Representatives Otten (Herman) and Latterell
SC 22 Introduced by: Senators Van Gerpen, Adelstein, Begalka, Bradford, Brown, Buhl,
Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Johnston, Jones, Kirkeby, Krebs,
Lederman, Lucas, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie),
Peters, Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Tieszen, Vehle, Welke, and White
and Representatives Schoenfish, Bartling, Bolin, Campbell, Carson, Erickson, Feinstein,
Greenfield, Hajek, Heinert, Hoffman, Hunhoff (Bernie), Johns, Kaiser, May, Miller, Nelson,
Novstrup (David), Parsley, Qualm, Rasmussen, Rounds, Solum, Stevens, Westra, and Wick
Sen. Van Gerpen moved that the Senate do now adjourn, which motion prevailed and at
2:25 p.m. the Senate adjourned.