The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance
led by Senate page Alli Steckelberg.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
MR. PRESIDENT:
Your Joint-Select Committee appointed to make arrangements for legislative days
respectfully reports that we recommend the days of the Ninetieth Legislative Session be
January 13 through January 16, January 20 through January 23, January 26 through January 30,
February 3 through February 6, February 9 through February 12, February 17 through
February 20, February 24 through February 27, March 3 through March 6, March 9 through
March 13, and March 30.
Respectfully submitted, Respectfully submitted,
Scott Munsterman Corey Brown
Jacqueline Sly Tim Rave
Peggy Gibson Jason Frerichs
House Committee Senate Committee
Also MR. PRESIDENT:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Eighty-ninth
Legislative Session be adopted as the joint rules of the Ninetieth Legislative Session with the
following changes:
Amend Chapter 6 of the Joint Rules as follows:
6A-1. Legislative documents. Only bills and the following may be introduced in the
Legislature:
(1) A House or Senate resolution, which shall pertain pertains to the affairs of one house
only and require requires action only by the legislative chamber concerned. A House or
Senate resolution may be used to express an opinion or principle of one house, to express
an opinion to or request of the other house, to regulate procedure, or to refer the subject
matter of bills to the Legislative Research Council;
(2) A concurrent resolution, which shall express opinions and principles expresses the
opinion or a principle of the Legislature not having the force of law. A concurrent
resolution may shall only be used to authorize interim studies, joint rules, sessions or
committees, to memorialize or instruct a department of state government, or to petition
federal agencies;
(3) A joint resolution, which shall contain contains matters of legislation only. A joint
resolution may be used to refer a matter for referendum to the people, to place a
constitutional amendment on the ballot at the next general election, to ratify proposed
amendments to the United States Constitution, or to grant a water right pursuant to § 46-5-20.1;
6C-1. Bills and resolutions that require fiscal notes. A bill, amendment, or resolution which
that has an effect on the revenues, expenditures, or fiscal liability of the state or any political
subdivision of the state may include a fiscal note incorporating an estimate of the effect. This
rule does not apply to the cost of legislative processing, or any appropriation bill with specific
dollar amounts. A fiscal note is an estimate of the fiscal implications relating to revenues,
expenditures or debt, and the probable cost of the bill, amendment, or resolution. In preparing
the fiscal note, the Director of the Legislative Research Council may use information or data
supplied by any person, agency, organization, or governmental unit that the director deems
reliable. The director shall state the sources of the information or data used and may state the
extent to which the director relied on the information or data in preparing the fiscal note. If the
director is unable to acquire or develop sufficient information or data to prepare a fiscal note,
the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to
comply with this rule. If the director determines that the fiscal impact of a bill, amendment, or
resolution cannot be determined, the director may prepare the fiscal note stating that fact, and
the fiscal note shall be deemed to comply with this rule.
This rule does not apply to fiscal impact statements required by §§ 2-1-19 and 2-1-20.
Amend Chapter 12 of the Joint Rules as follows:
12-3. Voting procedures. Questions shall be put in this form: "As many as favor the question,
as stated, say 'Yea'; as many as are opposed to the question, as stated, 'Nay'." If the presiding
officer doubts the result of a vote or if a division is called for, the members shall divide. Those
in the affirmative shall first rise from their seats and remain standing until counted and then
those in the negative shall vote in like manner.
The joint rules and the rules of the Senate and House shall be printed in the House Journal.
Respectfully submitted, Respectfully submitted,
Brian Gosch Corey Brown
David Lust Tim Rave
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
I have the honor to return herewith SB 28, 53, 65, 90, 108, 113, 143, 157, 158, 168, 172,
and 177 which have been amended by the House and your concurrence in the amendments is
respectfully requested.
I have the honor to return herewith SB 15, 18, 20, 37, 38, and 46 which have passed the
House without change.
I have the honor to inform your honorable body that SB 94, 137, 107, and 141 were tabled
final passage.
Sen. Rave moved that the Senate do now recess until 11:00 a.m., which motion prevailed
and at 9:20 a.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 2, 15, 18, 20, 37, 38, and 46 and finds the same
correctly enrolled.
The Conference Committee respectfully reports that it has considered HCR 1028 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HCR 1028 and make
no recommendation.
Respectfully submitted, Respectfully submitted,
Lance Russell Billie Sutton
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered HB 1177 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HB 1177 and do not
appoint a new committee.
Respectfully submitted, Respectfully submitted,
Brian Gosch Mike Vehle
House Committee Chair Senate Committee Chair
Sen. Maher moved that the Senate do not concur in House amendments to SB 1 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,
Soholt, and Frerichs.
Sen. Tieszen moved that the Senate do concur in House amendments to SB 23.
The question being on Sen. Tieszen's motion that the Senate do concur in House
amendments to SB 23.
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman;
Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave;
Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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. Tieszen moved that the Senate do concur in House amendments to SB 25.
The question being on Sen. Tieszen's motion that the Senate do concur in House
amendments to SB 25.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman;
Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave;
Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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. Rave moved that the Senate do concur in House amendments to SB 99.
The question being on Sen. Rave's motion that the Senate do concur in House amendments
to SB 99.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano;
Sutton; Tieszen; Van Gerpen; Vehle; Welke; White
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 the Senate do concur in House amendments to SB 176.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 176.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano;
Sutton; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Holien; Omdahl; Tidemann
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 the Senate do concur in House amendments to SB 28.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 28.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Tieszen; Van
Gerpen; Vehle; White
Nays:
Buhl O'Donnell; Frerichs; Sutton; Welke
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Peters moved that the Senate do concur in House amendments to SB 53.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 53.
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck);
Kirkeby; Krebs; Lederman; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rave;
Rhoden; Soholt; Solano; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Curd; Frerichs; Jones (Tom); Lucas; Maher; Sutton; Welke
Excused:
Rampelberg; Tidemann
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Kirkeby moved that the Senate do not concur in House amendments to SB 65 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. Kirkeby,
Krebs, and Welke.
Sen. Brown moved that the Senate do concur in House amendments to SB 90.
The question being on Sen. Brown's motion that the Senate do concur in House
amendments to SB 90.
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Nays:
Bradford
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. Rave moved that the Senate do not concur in House amendments to SB 108 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. Rave,
Brown, and Buhl O'Donnell.
Sen. Rave moved that the Senate do concur in House amendments to SB 113.
The question being on Sen. Rave's motion that the Senate do concur in House amendments
to SB 113.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman;
Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave;
Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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. Krebs moved that the Senate do concur in House amendments to SB 143.
The question being on Sen. Krebs' motion that the Senate do concur in House amendments
to SB 143.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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. Rhoden moved that the Senate do concur in House amendments to SB 157.
The question being on Sen. Rhoden's motion that the Senate do concur in House
amendments to SB 157.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman;
Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave;
Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Rhoden moved that the Senate do not concur in House amendments to SB 158 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. Rave,
Brown, and Frerichs.
Sen. Brown moved that the Senate do concur in House amendments to SB 168.
The question being on Sen. Brown's motion that the Senate do concur in House
amendments to SB 168.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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. Jones (Chuck) moved that the Senate do concur in House amendments to SB 172.
The question being on Sen. Jones' (Chuck) motion that the Senate do concur in House
amendments to SB 172.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Lucas;
Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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 the Senate do not concur in House amendments to SB 177 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. Peters,
Heineman (Phyllis), and Tidemann.
The Senate proceeded to the reconsideration of SB 98 pursuant to the veto of the Governor
and the veto message found on page 606 of the Senate Journal as provided in Article IV, Section
4, of the Constitution of the State of South Dakota.
The question being "Shall SB 98 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas:
Bradford; Brown; Ewing; Heineman (Phyllis); Jones (Tom); Kirkeby; Krebs; Lederman; Maher;
Monroe; Peters; Rave; Soholt; Solano; Tieszen; White
Nays:
Begalka; Buhl O'Donnell; Curd; Frerichs; Holien; Hunhoff (Jean); Jensen; Jones (Chuck);
Lucas; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Sutton; Tidemann; Van
Gerpen; Vehle; Welke
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost, sustaining the Governor's veto.
Sen. Rave moved that the Senate do now recess until 2:30 p.m., which motion prevailed
and at 12:30 p.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 4.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 12, 2014, I approved Senate Bills 4, 19, 40,
41, 42, 43, 45, 47, 48, 49, 51, 74, 103, 147, and 171, and the same have been deposited in the
office of the Secretary of State.
The Conference Committee respectfully reports that it has considered SB 177 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the title to SB 177 be amended as follows:
I have the honor to inform your honorable body that the House has appointed Reps.
Greenfield, Magstadt, and Peterson 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 108.
I have the honor to inform your honorable body that the House has appointed Reps.
Romkema, Mickelson, and Hawley 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 177.
I have the honor to inform your honorable body that the House has appointed Reps. Lust,
Gosch, and Hunhoff (Bernie) 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
SB158.
I have the honor to inform your honorable body that the House has appointed Reps. Gosch,
Stevens, and Gibson 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 65.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1213 and has appointed Reps. Munsterman, Haggar (Don), and
Killer 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.
The President announced Sens. Maher, Jones (Chuck), and Bradford as a committee of
three on the part of the Senate to meet with a like committee on the part of the House to adjust
the differences between the two houses on HB 1213.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1206 and has appointed Reps. Romkema, Mickelson, and Wismer
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.
The President announced Sens. Tidemann, Holien, and Jones (Tom) as a committee of
three on the part of the Senate to meet with a like committee on the part of the House to adjust
the differences between the two houses on HB 1206.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1111 and has appointed Reps. Carson, Wink, and Hawks 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.
The President announced Sens. Tidemann, Holien, and Jones (Tom) as a committee of
three on the part of the Senate to meet with a like committee on the part of the House to adjust
the differences between the two houses on HB 1111.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1142 and has appointed Reps. Mickelson, Rozum, and Parsley 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.
The President announced Sens. White, Vehle, and Sutton as a committee of three on the
part of the Senate to meet with a like committee on the part of the House to adjust the
differences between the two houses on HB 1142.
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on HB 1177 and has appointed Reps. Hoffman, Westra,
and Heinert as a new 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.
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninetieth
Legislative Session.
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of arranging legislative days for the Ninetieth
Legislative Session.
Sen. Rave moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Thursday, March 13, the 36th legislative day.
Which motion prevailed.
Sen. Vehle moved that the report of the Conference Committee on HB 1177 as found on
page 637 of the Senate Journal be adopted.
Sen. Kirkeby moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on HB 1177 as found on page 637 of the Senate Journal and that a new
committee be appointed.
Which motion prevailed and the President announced as such committee Sens. Curd,
Kirkeby, and Welke.
Sen. Rave moved that action on the Conference Committee Report on HCR 1028 be
deferred to Thursday, March 13, the 36th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 2: FOR AN ACT ENTITLED, An Act to provide for the delayed arrest, under certain
circumstances, in regard to certain outstanding warrants for victims of domestic abuse with
minor children.
SB 15: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to finance, design, construct, furnish, and equip a football
stadium facility at South Dakota State University, to make an appropriation therefor, and to
declare an emergency.
SB 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of a greenhouse on the campus of Northern State University and to make
an appropriation therefor.
SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish
buildings on the campus of South Dakota State University and to make an appropriation
therefor.
SB 37: FOR AN ACT ENTITLED, An Act to revise the state aid to general education
formula.
SB 38: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.
HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
licenses issued by the State Plumbing Commission and the fees that may be set by the
commission.
HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury
selection.
HB 1071: FOR AN ACT ENTITLED, An Act to change the procedure for a minor
boundary change.
HB 1087: FOR AN ACT ENTITLED, An Act to change how rural fire protection districts
conduct elections.
HB 1100: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo
monitoring devices to detect red light violations.
HB 1113: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability and to declare an emergency.
HB 1161: FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful
human trafficking.
HB 1166: FOR AN ACT ENTITLED, An Act to revise the telecommunications services
program to include current and developing technology.
And signed the same in the presence of the Senate.
Sen. Van Gerpen moved that the Senate do now adjourn, which motion prevailed and at
4:47 p.m. the Senate adjourned.