The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of
Allegiance led by Senate page Calla Harper.
Roll Call: All members present except Sen. Lederman who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-seventh 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 publicly read the title to
HB 1231: FOR AN ACT ENTITLED, An Act to authorize the forfeiture of any financial
benefit or valuables gained from pimping.
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 and to establish a fee therefor.
And signed the same in the presence of the Senate.
Sen. Soholt moved that the Senate do now recess until 10:30 a.m., which motion prevailed
and at 9:05 a.m., the Senate recessed.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 12, 2015, I approved Senate Bills 17, 25, 26,
27, 43, 48, 50, 58, 60, 73, 82, 86, 98, 101, 108, 110, 119, 124, 126, 137, 153, 161, 168, 172,
173, and 182, and the same have been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 53, 54, 152, 174, 179, and 190 and finds the same
correctly enrolled.
The Conference Committee respectfully reports that it has considered SB 109 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 109 be amended as follows:
"Section 7. 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.".
MR. PRESIDENT:
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 Ninety-first
Legislative Session.
Also MR. PRESIDENT:
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 Ninety-first
Legislative Session.
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on HB 1190, 1140, 1147, 1192, and 1191.
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 190, 174, and 109.
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on SB 95, 106, and 181 and no new committee was
appointed.
Sen. Tidemann moved that the report of the Conference Committee on HB 1228 as found
on page 692 of the Senate Journal be adopted.
The question being on Sen. Tidemann's motion that the report of the Conference
Committee on HB 1228 be adopted.
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Frerichs; Haverly; Heineman (Phyllis); Hunhoff
(Bernie); Monroe; Otten (Ernie); Peters; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen;
Vehle; White
Nays:
Bradford; Ewing; Greenfield (Brock); Haggar (Jenna); Heinert; Holien; Jensen (Phil); Novstrup
(David); Olson; Omdahl; Parsley; Peterson (Jim); Rampelberg; Sutton; Van Gerpen
Excused:
Lederman
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Tidemann moved that the report of the Conference Committee on SB 109 as found
on page 689 of the Senate Journal be adopted.
The question being on Sen. Tidemann's motion that the report of the Conference
Committee on SB 109 be adopted.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna);
Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave;
Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Lederman
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 report was adopted.
Sen. Rave moved that the Senate do now recess until 12:30 p.m., which motion prevailed
and at 11:40 a.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 13, 2015 , I approved Senate Bills 13, 33, 51,
68, 70, 97, 125, 131, 178, 186, and 191, and the same have been deposited in the office of the
Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 109 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 2, 39, 52, 64, 65, 66,
99, 100, 120, 132, 134, 154, and 180 were delivered to his Excellency, the Governor, for his
approval at 12:10 p.m., March 13, 2015.
Unless there is an objection, the President waives the reading of the reports of the
Conference Committees.
The Conference Committee respectfully reports that it has considered SB 1 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 1 be amended as follows:
"Section 21. The governing body of the county may, by resolution, impose the increased
tax levy provided in § 10-12-13 with an affirmative two-thirds vote of the governing body on
or before July fifteenth. The action of the governing body to authorize an increased tax levy
shall be published within ten days of the action and shall be published at least twice in each
legal newspaper designated by the county. The action to authorize an increased tax levy is
subject to the referendum process in accordance with chapter 7-18A.".
"Section 30. 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 on and after April 1, 2015.".
The Conference Committee respectfully reports that it has considered SB 55 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 55 be amended as follows:
The Conference Committee respectfully reports that it has considered SB 69 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 69 be amended as follows:
""Independent candidate," any registered voter who is not registered as a member of a
recognized political party and who is a candidate for office;".
"Section 23. That § 12-8-6 be amended to read as follows:
12-8-6. Nominations byA party committee to may fill vacancies occurring in nominations
a vacancy created by a nomination made in a primary elections and certificates of election. The
party committee shall certify the nomination to be filed with the secretary of state and those to
be filed with the or the county auditor shall be filed not later than the second Tuesday in August
at five p.m. or mailed by registered mail by that date and time prior to the election. ".
"Section 23. That § 12-5-1.4 be amended to read as follows:
12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1, each candidate
intending to participate in a primary election shall file a nominating petition pursuant to § 12-6-4. In each primary election following the qualification of a political party and prior to the next
gubernatorial election, each:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 55, 69, 91, and 92.
Sen. Otten (Ernie) moved that the report of the Conference Committee on SB 69 as found
on page 721 of the Senate Journal be adopted.
The question being on Sen. Otten (Ernie)'s motion that the report of the Conference
Committee on SB 69 be adopted.
And the roll being called:
Yeas 26, Nays 7, Excused 2, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly;
Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Peters;
Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Lederman; Novstrup (David)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Rave moved that the report of the Conference Committee on SB 55 as found on page
720 of the Senate Journal be adopted.
The question being on Sen. Rave's motion that the report of the Conference Committee on
SB 55 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);
Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Lederman
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Rave moved that the Senate do now recess until 1:45 p.m., which motion prevailed
and at 1:13 p.m., the Senate recessed.
Sen. Tieszen moved that the Senate do now recess until 2:30 p.m., which motion prevailed
and at 1:40 p.m., the Senate recessed.
Sen. Tieszen moved that the Senate do now recess until 3:15 p.m., which motion prevailed
and at 2:57 p.m., the Senate recessed.
Sen. Tieszen moved that the Senate do now recess until 3:30 p.m., which motion prevailed
and at 3:20 p.m., the Senate recessed.
Sen. Rave moved that the Senate do now recess until 3:40 p.m., which motion prevailed
and at 3:32 p.m., the Senate recessed.
The President publicly read the title to
SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state
aid to general education formula and to revise the property tax levies for the general fund of
school districts.
SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state
aid to special education formula and to revise the property tax levies for special education.
SB 55: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2015.
SB 91: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South
Dakota need-based grant program and to declare an emergency.
SB 92: FOR AN ACT ENTITLED, An Act to make an appropriation to support the South
Dakota critical teaching needs scholarship program and to declare an emergency.
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, to make an appropriation therefor, and to declare an emergency.
SB 152: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs
related to mountain pine beetle suppression and to declare an emergency.
SB 174: FOR AN ACT ENTITLED, An Act to make an appropriation for the Ross Shaft
at the Sanford Underground Research Facility and to declare an emergency.
SB 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to record
search fees in the Unified Judicial System.
SB 190: FOR AN ACT ENTITLED, An Act to clarify health coverage for applied behavior
analysis, and to establish the Applied Behavior Analysis Provider Workgroup.
HB 1140: FOR AN ACT ENTITLED, An Act to increase the crimes and lookback period
to enhance the penalty for violating a protection order.
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.
HB 1190: FOR AN ACT ENTITLED, An Act to make an appropriation for community-based provider workforce improvement and to declare an emergency.
HB 1191: FOR AN ACT ENTITLED, An Act to make an appropriation for the Jobs for
America's Graduates program and to declare an emergency.
HB 1192: FOR AN ACT ENTITLED, An Act to make an appropriation for the protection
and enhancement of wildlife habitat and to declare an emergency.
And signed the same in the presence of the Senate.
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 55, 69, 91, and 92 and finds the same correctly
enrolled.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on HB 1110.
Sen. Rave moved that the Senate do concur in House amendments to SB 67.
The question being on Sen. Rave's motion that the Senate do concur in House amendments
to SB 67.
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna);
Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Otten
(Ernie); Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; White
Excused:
Buhl O'Donnell; Haverly; Heineman (Phyllis); Lederman; Omdahl; Parsley; Peters
Sen. Rave moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Monday, March 30, the 39th legislative day.
Which motion prevailed.
Sen. Vehle moved that the report of the Conference Committee on SB 1 as found on page
719 of the Senate Journal be adopted.
The question being on Sen. Vehle's motion that the report of the Conference Committee
on SB 1 be adopted.
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman (Phyllis);
Holien; Hunhoff (Bernie); Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters;
Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Greenfield (Brock); Haggar (Jenna); Heinert; Jensen (Phil); Monroe; Olson; Peterson
(Jim); Sutton
Excused:
Lederman
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 report was adopted.
Sen. Rave moved that the Senate do now recess until 6:00 p.m., which motion prevailed
and at 5:00 p.m., the Senate recessed.
Sen. Soholt moved that the Senate do now recess until 10:00 p.m., which motion prevailed
and at 9:12 p.m., the Senate recessed.
The President publicly read the title to
SB 1: FOR AN ACT ENTITLED, An Act to revise certain taxes and fees to fund
improvements to public roads and bridges in South Dakota, to increase the maximum speed
limit on interstate highways, and to declare an emergency.
SB 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
challenges to certain election petition signatures.
HB 1110: FOR AN ACT ENTITLED, An Act to increase the number of judges in the
Second and Seventh Judicial Circuits.
HB 1228: FOR AN ACT ENTITLED, An Act to establish an obligation recovery center.
And signed the same in the presence of the Senate.
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 13, 2015, I approved Senate Bills 39, 52, 64,
65, 66, 99, 120, 132, 134, 154, and 180, and the same have been deposited in the office of the
Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 67 and SB 1 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 53, 54, 55, 69, 91,
92, 109, 152, 174, 179, and 190 were delivered to his Excellency, the Governor, for his approval
at 6:45 p.m., March 13, 2015.
I have the honor to transmit herewith HB 1208 which has passed the House and your
favorable consideration is respectfully requested.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 1.
SENATE PAGE RESOLUTION 5 Introduced by: Senators Bradford; Brown; Buhl
O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield, Brock; Hagger, Jenna; Haverly;
Heineman, Phyllis; Heinert; Holien; Hunhoff, Bernie; Jensen, Phil; Lederman; Monroe;
Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rampelberg;
Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninetieth
Legislature of the State of South Dakota to Calla Harper, Chelsey Langbehn, Kiera Leddy,
Lydia Peterson, Tristan Roy, Bailee Ward, Bailey Zerfoss
WHEREAS, the above named served loyally as pages for the Senate of the Ninetieth
Legislative Session; and
WHEREAS, the members of the Ninetieth 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 Ninetieth 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. Heineman moved that Senate Page Resolution 5 be adopted.
The question being on Sen. Heineman's motion that Senate Page Resolution 5 be adopted.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haverly;
Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1208: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
Was read the first time.
HB 1208: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
Was read the second time.
The question being "Shall HB 1208 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Frerichs; Greenfield (Brock); Haggar
(Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Monroe; Novstrup (David); Olson;
Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Hunhoff (Bernie); Jensen (Phil)
Excused:
Curd; Lederman; Peterson (Jim)
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.
The Committee on Legislative Procedure respectfully reports that SB 1 and 67 were
delivered to his Excellency, the Governor, for his approval at 10:45 p.m., March 13, 2015.
The President publicly read the title to
HB 1208: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
And signed the same in the presence of the Senate.
Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at
11:24 p.m. the Senate adjourned.