The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of
Allegiance led by Senate page Rachel Johnson.
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 eleventh 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 President introduced Kendra Peterson, Sisseton, SD, the 2015 Miss Rodeo South
Dakota and Nikki Boomsma, Stickney, SD, the 2014 Miss Black Hills Stock Show to the body.
Speaker Dean Wink
President Pro Tem Corey Brown
500 East Capitol Avenue
Pierre, SD 57501
Dear Mr. Speaker and Mr. President Pro Tem,
Pursuant to SDCL . 7-1-71, I am notifying you of the results of the election in Shannon County
to change the name of the county to Oglala Lakota County. In the 2014 general election,
Shannon County voters approved to change the county name by a greater than two-thirds
majority.
The County Auditor notified my office on November 17, 2014, purusant to SDCL . 7-70 of the
results of the election. I have attached that letter.
Sincerely
Dennis Daugaard
Governor
The Committee on Legislative Procedure respectfully reports that SB 28 was delivered to
his Excellency, the Governor, for his approval at 10:00 a.m., January 29, 2015.
The Committee on Judiciary respectfully reports that it has had under consideration SB 82
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 37
and HB 1036 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 76 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 SB 75 and returns the same with the recommendation that said bill be
amended as follows:
"Section 2. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.".
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Myron Williams of Pennington County, Wall, South Dakota, to the State Brand Board and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment 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 the nomination of Bart Blum of Lyman County, Reliance, South Dakota,
to the State Brand Board and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said reappointment and be placed on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1024, 1025, and 1028 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 Commerce and Energy respectfully reports that it has had under
consideration SB 72 and returns the same with the recommendation that said bill be amended
as follows:
"Section 1. Any requirement to wait a certain time period to excavate does not apply to an
excavation deemed necessary to address an emergency condition performed by the operator or
an excavator who has been engaged to work on behalf of the operator. In such event, the
operator shall give notification in compliance with § 49-7A-5 prior to the excavation undertaken
by the operator to address the emergency condition. Upon being notified that an emergency
condition exists, each operator shall provide all available location information to the excavating
operator as soon as possible, but the excavating operator need not wait for such location
information prior to excavation or continuing excavation. However, every person who engages
in any such excavation shall take all necessary and reasonable precautions to avoid or minimize
damage to existing underground facilities. In addition, in the event the excavation results in
damage to any underground facility, the excavator shall immediately notify the affected operator
or the one call notification center of the location and the extent of the damage. Any excavator
or operator excavating pursuant to this section who damages or injures the underground
facilities of another operator is strictly liable for all damage proximately caused thereby.
Section 2. That § 49-7A-18 be amended to read as follows:
49-7A-18. Except as provided in § 49-7A-19 and in addition to all other penalties provided
by law, any person who violates or who procures, aids, or abets in the violation of § 49-7A-2,
49-7A-5, 49-7A-8, or 49-7A-12, section 1 of this Act, or any rules promulgated pursuant to
§ 49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to one thousand dollars for the
first violation and up to five thousand dollars for each subsequent violation that occurs within
twelve months of the initial violation.
Section 3. That § 49-7A-19 be amended to read as follows:
49-7A-19. In addition to all other penalties provided by law, any person who intentionally
violates or who intentionally procures, aids, or abets in the violation of § 49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, section 1 of this Act, or any rules promulgated pursuant to § 49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to five thousand dollars for the first violation
and up to ten thousand dollars for each subsequent violation that occurs within twelve months
of the initial violation. "
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1026 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 62 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1001, 1004, 1007, 1008, 1009, 1010, 1011, 1039,
1040, 1043, 1053, 1054, 1059, 1068, 1069, and 1071 and HJR 1001 which have passed the
House and your favorable consideration is respectfully requested.
SCR 4: A CONCURRENT RESOLUTION, Urging Congress to support equity and sales
tax fairness.
Was read the second time.
Sen. Peters moved that SCR 4 as found on page 206 of the Senate Journal be adopted.
The question being on Sen. Peters' motion that SCR 4 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Omdahl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 4 was adopted.
HCR 1003: A CONCURRENT RESOLUTION, Urging Congress and the President of the
United States to abolish the United States Department of Education.
Was read the second time.
The question being on Sen. Olson's motion that HCR 1003 be concurred in.
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent 0
Yeas:
Brown; Cammack; Curd; Ewing; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen
(Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Rampelberg; Rave; Solano;
Tieszen; Van Gerpen
Nays:
Bradford; Buhl O'Donnell; Frerichs; Greenfield (Brock); Heinert; Hunhoff (Bernie); Parsley;
Peters; Peterson (Jim); Rusch; Soholt; Sutton; Tidemann; Vehle; White
Excused:
Omdahl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1003 was concurred in.
Sen. Rave moved that SB 139 be referred from the Committee on Commerce and Energy
to the Committee on State Affairs.
Which motion prevailed.
Sen. Rave moved that SB 71 be placed to follow 63 on today's calendar.
Which motion prevailed.
Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 30, the 13th legislative day.
Which motion prevailed.
Sen. Rave moved that the reports of the Standing Committees on
Local Government on SB 78 as found on page 200 of the Senate Journal; also
State Affairs on SB 70 as found on page 203 of the Senate Journal be adopted.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 5.
MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 89
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Judge John Bastian of Butte County, Belle Fourche, South Dakota, to the State
Board of Regents and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Donald A. Kirkegaard of Meade County, Sturgis, South Dakota, to the South
Dakota Board of Education and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said reappointment, and that said reappointment be
placed on the consent calendar.
The President declared that SB 115 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 165 Introduced by: Senators Curd, Bradford, Buhl O'Donnell, Greenfield (Brock), Lederman, Monroe, Novstrup (David), Peters, Rave, and Tidemann and Representatives Cronin, Brunner, Deutsch, Gibson, Kaiser, and Verchio
Was read the first time and referred to the Committee on Commerce and Energy.
SB 166 Introduced by: Senators Brown, Lederman, and Novstrup (David) and
Representatives Stalzer, Bolin, Gosch, Haggar (Don), Rounds, Solum, Westra, and Wink
FOR AN ACT ENTITLED, An Act to revise the method used to calculate the petition
signatures to place initiated measures on the ballot and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 167 Introduced by: Senators Olson, Frerichs, Greenfield (Brock), Haggar (Jenna),
Haverly, Hunhoff (Bernie), Otten (Ernie), Peterson (Jim), and Van Gerpen and Representatives
Brunner, Beal, Feickert, Harrison, Haugaard, Hickey, Klumb, Langer, Latterell, Marty, Peterson
(Kent), Russell, and Stalzer
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to moisture and
protein content devices and the fee that may be charged for such devices.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 168 Introduced by: Senators Novstrup (David), Bradford, Brown, Buhl O'Donnell,
Frerichs, Haggar (Jenna), Haverly, Heinert, Holien, Hunhoff (Bernie), Jensen (Phil), Lederman,
Olson, Parsley, Peterson (Jim), Rampelberg, Rusch, Sutton, Tidemann, Tieszen, and Van
Gerpen and Representatives Johns, Bartling, Deutsch, Feickert, Gibson, Gosch, Haggar (Don),
Harrison, Hawks, Hickey, Klumb, McCleerey, Mickelson, Novstrup (Al), Otten (Herman),
Peterson (Kent), Rasmussen, Ring, Romkema, Schoenbeck, Sly, Tulson, Verchio, Westra,
Wollmann, and Zikmund
FOR AN ACT ENTITLED, An Act to establish a legislative task force to study elder abuse
in South Dakota.
Was read the first time and referred to the Committee on Retirement Laws.
SB 169 Introduced by: Senators Hunhoff (Bernie), Bradford, Haverly, Parsley, Rave,
Soholt, Solano, and Sutton and Representatives Hunt, Bolin, Cronin, Dryden, Duvall, Gibson,
Hickey, Jensen (Alex), Johns, Kirschman, Novstrup (Al), Ring, Sly, Stevens, Tulson, Verchio,
and Zikmund
Was read the first time and referred to the Committee on Health and Human Services.
SB 170 Introduced by: Senators Tieszen, Bradford, Buhl O'Donnell, Curd, Haverly,
Heineman (Phyllis), Heinert, Holien, Novstrup (David), Omdahl, Peters, Rampelberg, Rave,
Solano, Tidemann, and White and Representatives Romkema, Brunner, Cronin, Solum, and
Verchio
FOR AN ACT ENTITLED, An Act to increase legislator salary.
Was read the first time and referred to the Committee on Appropriations.
The following bill was read on January 27, 2015, and today the President Pro tempore
assigned this bill to committee.
SB 103 was referred to the Committee on State Affairs.
The following bills were read on January 28, 2015, and today the President Pro tempore
assigned these bills to committee.
SB 148 was referred to the Committee on State Affairs.
SB 149 was referred to the Committee on State Affairs.
SB 150 was referred to the Committee on State Affairs.
SB 151 was referred to the Committee on State Affairs.
HB 1001: FOR AN ACT ENTITLED, An Act to establish a wine direct shipment license
and wine carrier license to enable the direct shipments of certain wine in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
HB 1004: FOR AN ACT ENTITLED, An Act to authorize the direct sale of distilled spirits
from artisan distillers to retailers and wholesalers.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1008: FOR AN ACT ENTITLED, An Act to provide for a consistent refund
methodology for members of the South Dakota Retirement System and their beneficiaries.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1009: FOR AN ACT ENTITLED, An Act to limit the recovery of certain
overpayments made by the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
disability and surviving spouse benefits for members of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1011: FOR AN ACT ENTITLED, An Act to provide for automatic increases in the
accounts of automatically-enrolled participants of the deferred compensation plan of the South
Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
regulation of grain buyers and grain warehouses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1040: FOR AN ACT ENTITLED, An Act to revise the statute of frauds within the
uniform commercial code with respect to the sale of pulse crops.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the Department of Education.
HB 1053: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated
provisions related to the Department of Game, Fish and Parks.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1054: FOR AN ACT ENTITLED, An Act to revise certain record keeping and
inspection requirements for fur dealers.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1059: FOR AN ACT ENTITLED, An Act to allow authorized entities to access
immunization information in certain circumstances.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1068: FOR AN ACT ENTITLED, An Act to revise when a court can grant a cross
credit on child support.
Was read the first time and referred to the Committee on Judiciary.
HB 1069: FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a
limited Article V convention to vote for unauthorized amendments contrary to legislative
instructions and to provide a civil fine for the violation thereof.
Was read the first time and referred to the Committee on State Affairs.
HB 1071: FOR AN ACT ENTITLED, An Act to revise the number of signatures required
for a nominating petition for sanitary district trustees.
Was read the first time and referred to the Committee on Local Government.
HJR 1001: A JOINT RESOLUTION, Making formal application to Congress to call an
Article V convention of the states for the sole purpose of proposing a federal balanced budget
amendment.
Was read the first time and referred to the Committee on State Affairs.
HB 1015 was referred to the Committee on Appropriations.
HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
licensure of dentists and dental hygienists and registration of dental auxiliaries.
Was read the second time.
The question being "Shall HB 1045 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Omdahl
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.
SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale
of unpasteurized raw milk.
Was read the second time.
The question being "Shall SB 45 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Nays:
Frerichs; Peters; Peterson (Jim); Tidemann
Excused:
Omdahl
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
commercial driver licensing.
Was read the second time.
The question being "Shall SB 41 pass?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Lederman; Novstrup (David); Olson;
Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Ewing; Greenfield (Brock); Jensen (Phil); Monroe
Excused:
Omdahl
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.
SB 63: FOR AN ACT ENTITLED, An Act to adopt the Interstate Medical Licensure
Compact.
Was read the second time.
"Section 2. No state general funds shall be used to support the Interstate Medical Licensure
Compact enacted by this bill.".
The question being "Shall SB 63 pass as amended?"
And the roll being called:
Yeas 24, Nays 10, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Frerichs; Haverly; Heineman (Phyllis); Heinert;
Hunhoff (Bernie); Novstrup (David); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Holien; Jensen (Phil); Lederman; Monroe;
Olson; Otten (Ernie)
Excused:
Omdahl
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. Rave moved that SB 71, 67, 66, and 39 be deferred to Friday, January 30, the 13th
legislative day.
Which motion prevailed.
Sen. Parsley moved that the Senate do now adjourn, which motion prevailed and at
3:40 p.m. the Senate adjourned.