The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate pages Joshua Liester and Bailey Willems.
Roll Call: All members present except Sens. Greenfield (Brock), Peterson (Jim), and White
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 twenty-third 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 and Members of the Senate:
I have the honor to inform you that on February 19, 2015, I approved Senate Bill 46, and
the same has been deposited in the office of the Secretary of State.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed David R. Emery,
Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development
Authority.
This reappointment is effective January 19, 2015, and shall continue until January 15, 2018.
The Committee on Legislative Procedure respectfully reports that SB 18 was delivered to
his Excellency, the Governor, for his approval at 10:50 a.m., February 19, 2015.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 107 and finds the same correctly enrolled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1120 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 Commerce and Energy respectfully reports that it has had under
consideration SB 101 and returns the same with the recommendation that said bill be amended
as follows:
"Section 1. Any health benefit plan as defined in § 58-17H-2 that provides benefits for
injected or intravenously administered cancer treatment medication used to kill or slow the
growth of cancerous cells shall provide no less favorable benefits for prescribed, orally
administered anticancer medication covered by the plan, regardless of the formulation or benefit
category determination by the health plan.
Section 2. A health carrier may not reclassify benefits with respect to cancer treatment
medications or increase a copayment, deductible, or coinsurance amount for covered cancer
treatment medications that are injected or intravenously administered unless:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1027 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 the nomination of Douglas J. Hajek of Minnehaha County, Sioux Falls, South
Dakota, to the South Dakota Building Authority 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.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Patrick J. Burchill of Pennington County, Rapid City, South
Dakota, to the South Dakota Ellsworth Development Authority 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 SB 59 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
SB 189 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Deb Shephard of Codington County, Watertown, 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 appointment.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 188 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1082, 1118, 1146, 1147, 1165, 1177, 1215, 1217,
1219, 1229, and 1235 and HJR 1005 which have passed the House and your favorable
consideration is respectfully requested.
I have the honor to return herewith SB 107 which has passed the House without change.
Sen. Rave moved that SB 141, 142, 192, 91, and 92 be deferred to Friday, February 20, the
25th legislative day.
Which motion prevailed.
Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 20, the 25th legislative day.
Which motion prevailed.
HB 1082: FOR AN ACT ENTITLED, An Act to allow a law enforcement officer to issue
a citation without a notary.
Was read the first time and referred to the Committee on Judiciary.
HB 1118: FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary
technical institutes.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1147: FOR AN ACT ENTITLED, An Act to increase the amounts of the annual
awards given to recipients of the South Dakota opportunity scholarship.
Was read the first time and referred to the Committee on Appropriations.
HB 1165: FOR AN ACT ENTITLED, An Act to revise the composition requirement of
the Historic Preservation Commission.
Was read the first time and referred to the Committee on Local Government.
HB 1177: FOR AN ACT ENTITLED, An Act to remove certain exceptions to campaign
finance report filings.
Was read the first time and referred to the Committee on State Affairs.
HB 1215: FOR AN ACT ENTITLED, An Act to provide for an optional enhanced permit
to carry a concealed pistol.
Was read the first time and referred to the Committee on Judiciary.
HB 1217: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
James River Water Development District.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1219: FOR AN ACT ENTITLED, An Act to permit entities to voluntarily disclose
ownership on filings with the Office of the Secretary of State.
Was read the first time and referred to the Committee on Appropriations.
HB 1229: FOR AN ACT ENTITLED, An Act to revise provisions related to the release
of medical waste.
Was read the first time and referred to the Committee on Health and Human Services.
Was read the first time and referred to the Committee on Commerce and Energy.
HJR 1005: A JOINT RESOLUTION, Designating Oglala Lakota County as the new name
of Shannon County.
Was read the first time and referred to the Committee on State Affairs.
HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
administration of unlocatable mineral, leasehold, or royalty interests.
Was read the second time.
The question being "Shall HB 1136 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe;
Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Excused:
Greenfield (Brock); Peterson (Jim); White
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 186: FOR AN ACT ENTITLED, An Act to revise the procedure for the execution of
a warrant.
Was read the second time.
The question being "Shall SB 186 pass as amended?"
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe;
Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Excused:
Greenfield (Brock); Peterson (Jim); White
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 2: FOR AN ACT ENTITLED, An Act to provide for the establishment of river basin
natural resource districts.
Was read the second time.
The question being "Shall SB 2 pass as amended?"
And the roll being called:
Yeas 20, Nays 12, Excused 3, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Frerichs; Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie);
Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Brown; Cammack; Curd; Ewing; Haggar (Jenna); Holien; Jensen (Phil); Lederman; Monroe;
Novstrup (David); Olson; Van Gerpen
Excused:
Greenfield (Brock); Peterson (Jim); White
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. Brown moved that SB 3 be deferred to Friday, February 20, the 25th legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall SB 191 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Nays:
Monroe
Excused:
Greenfield (Brock); Peterson (Jim); White
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
SB 131: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding stray electrical current and voltage remediation.
The question being "Shall SB 131 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman
(Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Excused:
Greenfield (Brock); Haggar (Jenna); Peterson (Jim); White
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 109: FOR AN ACT ENTITLED, An Act to establish a grant program for adult
community residential services designed to reduce the risk of recidivism, to provide a report to
the Legislature, and to make an appropriation therefor.
Was read the second time.
The question being "Shall SB 109 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman (Phyllis); Heinert;
Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson;
Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle
Nays:
Buhl O'Donnell; Haggar (Jenna)
Excused:
Greenfield (Brock); Peterson (Jim); White
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.
Was read the second time.
The question being "Shall SB 159 pass?"
And the roll being called:
Yeas 17, Nays 15, Excused 3, Absent 0
Yeas:
Bradford; Brown; Curd; Frerichs; Haggar (Jenna); Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Novstrup (David); Olson; Parsley; Rampelberg; Rave; Van Gerpen; Vehle
Nays:
Buhl O'Donnell; Cammack; Ewing; Haverly; Heineman (Phyllis); Heinert; Omdahl; Otten
(Ernie); Peters; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen
Excused:
Greenfield (Brock); Peterson (Jim); White
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Monroe announced his intention to reconsider the vote by which SB 159 lost.
Sen. Rave moved that HB 1085, 1055, 1063, 1057, and 1051 be placed to precede HB1081
on today's calendar.
Which motion prevailed.
HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
requirement for performance securities.
Was read the second time.
The question being "Shall HB 1085 pass?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Nays:
Omdahl
Excused:
Greenfield (Brock); Peterson (Jim); White
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 1055: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary
statutes and administrative rules related to the Department of Agriculture.
Was read the second time.
The question being "Shall HB 1055 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe;
Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Excused:
Greenfield (Brock); Peterson (Jim); White
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 1063: FOR AN ACT ENTITLED, An Act to revise the notice provisions for the name
change of a minor child.
Was read the second time.
The question being "Shall HB 1063 pass?"
And the roll being called:
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt;
Solano; Tidemann; Tieszen; Van Gerpen; Vehle
Nays:
Heinert; Sutton
Excused:
Greenfield (Brock); Peterson (Jim); White
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 1057: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse
certain eligible health care professionals who have complied with the requirements of the rural
health care facility recruitment assistance program and to declare an emergency.
Was read the second time.
The question being "Shall HB 1057 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Nays:
Monroe
Excused:
Greenfield (Brock); Peterson (Jim); White
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.
Was read the second time.
The question being "Shall HB 1051 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe;
Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle
Excused:
Greenfield (Brock); Peterson (Jim); White
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.
Which motion prevailed.
The President publicly read the title to
SB 107: FOR AN ACT ENTITLED, An Act to increase the period an instructor permit is
valid and to revise the requirements to upgrade to an operator's licence or a restricted minor's
permit.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
regulation of public utilities.
HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
siting of energy facilities.
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
educational personnel certification and discipline.
HB 1068: FOR AN ACT ENTITLED, An Act to revise when a court can grant a cross
credit on child support.
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.
HB 1084: FOR AN ACT ENTITLED, An Act to expand collateral eligible to be pledged
as security for public deposits.
HB 1088: FOR AN ACT ENTITLED, An Act to permit procurement of certain disability
insurance from a non-admitted insurer.
HB 1111: FOR AN ACT ENTITLED, An Act to increase the costs and expenses
considered reasonable for the collection of certain dishonored checks.
HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of
temporary permits by licensed dealers.
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.
And signed the same in the presence of the Senate.
as being dedicated to helping people acquire job skills to become employable and productive
citizens. Those goals are still the guiding force in South Dakota's vocational schools. Believing
that people learned best by doing, Oleson also started on-the-job training as a component of
vocational education; and