JOURNAL OF THE SENATE

NINETY-FIRST SESSION




THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 14, 2016

    The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. J.P. Mosley, Jr, followed by the Pledge of Allegiance led by Senate page Erica Kitchenmaster.

    Roll Call: All members present except Sens. Rampelberg and Solano who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the second day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Gary Cammack, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS


December 28, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court has appointed Charles P. Schroyer, an attorney from Pierre, South Dakota, to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent.

    We will await your advice as to the Senate's action with regard to this appointment. Thank you for your continued cooperation.

Very truly yours,
Shirley A. Jameson-Fergel
Clerk of the Supreme Court

    The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 38 and 41 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 37, 39, and 40 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
R. Blake Curd, Chair


MOTIONS AND RESOLUTIONS

    Sen. Brown moved that when we adjourn today, we adjourn to convene at 1:00 PM on Friday, January 15, the 4th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Sen. Brown moved that the report of the Joint-Select Committee relative to making arrangement for the distribution of the official directory, Senate and House Journals, and bills and other legislative printing for the two houses and state offices be adopted.

    Which motion prevailed.

    Sen. Brown moved that the report of the Joint-Select Committee relative to securing chaplains for the Ninety-first Legislative Session be adopted.

    Which motion prevailed.

    Sen. Brown moved that the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate be adopted.

    Which motion prevailed.

    Sen. Brown moved that the report of the Joint-Select Committee relative to arranging for legislative days for the members, officers, and employees of the House and Senate be adopted.

    Which motion prevailed.

    Sen. Brown moved that the report of the Joint-Select Committee relative to setting the compensation for the elective and appointive officers and employees for the Ninety-first Legislative Session as found on page 36 of the Senate Journal be adopted.

    The question being on Sen. Brown's motion that the report of the Joint-Select committee relative to setting the compensation for the Ninety-first Legislative Session be adopted.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0



    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rusch; Shorma; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Heinert; Rampelberg; Solano

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 54 Introduced by: The Committee on Judiciary at the request of the Chief Justice

    FOR AN ACT ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory recommendations in order to protect South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation.

    Was read the first time and referred to the Committee on Judiciary.

    SB 55 Introduced by: The Committee on Judiciary at the request of the Chief Justice

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the HOPE probation program.

    Was read the first time and referred to the Committee on Judiciary.

    Sen. Hunhoff moved that the Senate do now adjourn, which motion prevailed and at 12:47 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION


    Pursuant to the report of the Joint-Select Committee, as found on page 13 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message on the State of the Tribes from the Honorable Harold Frazier, Chairman of the Cheyenne River Sioux Tribe. The President of the Senate, Matt Michels, presided.

    The prayer was delivered by Chief Arvol Looking Horse, 19th Generation Keeper of the Sacred White Buffalo Calf Pipe, Green Grass, South Dakota.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

Anderson; Bartling; Beal; Bolin; Bordeaux; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Killer; Kirschman; Klumb; Langer; Latterell; Marty; May; McCleerey; Mickelson; Munsterman; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Harold Frazier, who delivered the State of the Tribes Address.

    Sen. Brown moved that the Joint Session do now dissolve.

    Which motion prevailed.