The prayer was offered by Lt. Gov. Matt Michels, followed by the Pledge of Allegiance
led by Senate page Ben Williams.
Roll Call: All members present except Sen. Curd 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 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 Committee on Retirement Laws respectfully reports that it has had under consideration
SB 13, 14, and 15 and returns the same with the recommendation that said bills do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 20 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
the nomination of Sheldon E. Cotton of Brookings County, Volga, South Dakota, to the South
Dakota State Railroad 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.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
the nomination of Gary Doering of Beadle County, Cavour, South Dakota, to the South Dakota
State Railroad 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.
I have the honor to transmit herewith HB 1001, 1003, 1025, 1030, 1032, 1038, and 1041
which have passed the House and your favorable consideration is respectfully requested.
SENATE PAGE RESOLUTION 1 Introduced by: Senators 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; Rampelberg; Rusch;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-first
Legislature of the State of South Dakota to Steven Diaconu, Erin Haase, Erica
Kitchenmaster, Hannah Lopes, Alexis McCarvel, Sarah McClure, Ben Williams, Jessica
Zempel.
WHEREAS, the above named served loyally as pages for the Senate of the Ninety-first
Legislative Session; and
WHEREAS, the members of the Ninety-first 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 Ninety-first 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. Novstrup moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Novstrup's motion that Senate Page Resolution 1 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Holien
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
SCR 1: A CONCURRENT RESOLUTION, To show support for family caregivers.
Sen. Rusch moved that SCR 1 as found on page 100 of the Senate Journal be adopted.
The question being on Sen. Rusch's motion that SCR 1 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Fiegen; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil);
Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Curd; Holien
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 1 was adopted.
HCR 1001: A CONCURRENT RESOLUTION, Recognizing the outstanding public
service of President Harry Truman.
Sen. Parsley moved that the Senate do concur in HCR 1001 as found on page 101 of the
House Journal.
The question being on Sen. Parsley's motion that HCR 1001 be concurred in.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Curd
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1001 was concurred in.
Sen. Brown moved that SB 2 and SB 50 be deferred to Monday, January 25th,
the 9th legislative day.
Which motion prevailed.
SB 66 Introduced by: Senators Olson, Greenfield (Brock), Jensen (Phil), Monroe, Peterson
(Jim), Rampelberg, Shorma, and Sutton and Representatives Brunner, Campbell, Craig,
DiSanto, Marty, May, Qualm, Russell, Schrempp, Verchio, and Wiik
FOR AN ACT ENTITLED, An Act to permit the issuance of special license plates to
parents of certain individuals
Was read the first time and referred to the Committee on Transportation.
SB 67 Introduced by: The Committee on Committee on Appropriations at the request of
the Office of the Governor
FOR AN ACT ENTITLED, An Act to make an appropriation and transfer certain money
to support the South Dakota need-based grant program and to declare an emergency.
Was read the first time and referred to the Joint Committee on Appropriations.
FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund and its revolving fund subfunds for various water and environmental
purposes, to revise solid waste management program recycling provisions, to revise water and
environment fund loan terms, and to declare an emergency.
Was read the first time and referred to the Joint Committee on Appropriations.
SB 69 Introduced by: Senators Peters, Buhl O'Donnell, Ewing, Fiegen, Haverly, Monroe,
Novstrup (David), Shorma, Tieszen, and Vehle and Representatives Deutsch, Bartling, Bolin,
Cronin, Dryden, Gibson, Jensen (Alex), Novstrup (Al), Rasmussen, Wiik, and Wollmann
FOR AN ACT ENTITLED, An Act to require accredited schools to accept transfer credits
for courses taken by students from other accredited schools during the summer.
Was read the first time and referred to the Committee on Education.
SB 70 Introduced by: Senators Peters, Bradford, Brown, Ewing, Fiegen, Frerichs, Haggar
(Jenna), Heineman (Phyllis), Holien, Monroe, Omdahl, Solano, Tieszen, and Van Gerpen and
Representatives Novstrup (Al), Deutsch, Heinemann (Leslie), Kirschman, Langer, Qualm,
Rasmussen, Steinhauer, and Willadsen
FOR AN ACT ENTITLED, An Act to require certain private cemetaries to file an annual
financial report.
Was read the first time and referred to the Committee on Local Government.
SB 71 Introduced by: Senators White, Fiegen, Novstrup (David), Omdahl, Peters, Peterson
(Jim), Rampelberg, Shorma, Tidemann, and Tieszen and Representatives Dryden, Anderson,
Cronin, Duvall, Haggar (Don), Hawley, Jensen (Alex), Partridge, Romkema, Rozum, and
Zikmund
FOR AN ACT ENTITLED, An Act to revise the provisions regarding the issuance of small
game licenses and fishing licenses to certain veterans at reduced fees and to authorize certain
nonresident veterans to get nonresident small game licenses at a reduced fee.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
FOR AN ACT ENTITLED, An Act to prohibit the abortion of an unborn child who is
capable of experiencing pain and to provide a penalty therefor.
Was read the first time and referred to the Committee on Health and Human Services.
SB 73 Introduced by: Senators Brown, Ewing, Holien, Hunhoff (Bernie), Otten (Ernie),
Peterson (Jim), Rusch, and Sutton and Representatives Novstrup (Al), Bartling, Bolin,
Campbell, Harrison, Hawley, Kirschman, Marty, Mickelson, Otten (Herman), Russell, Stalzer,
Verchio, and Wiik
FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding open meetings.
Was read the first time and referred to the Committee on State Affairs.
HB 1001: FOR AN ACT ENTITLED, An Act to repeal the Midwestern Regional Higher
Education Compact.
Was read the first time and referred to the Committee on Education.
HB 1003: FOR AN ACT ENTITLED, An Act to revise certain administrative functions
regarding county government.
Was read the first time and referred to the Committee on Local Government.
HB 1025: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
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.
HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
guaranteed energy savings contracts.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1038: FOR AN ACT ENTITLED, An Act to update certain citations to federal
regulations regarding pipeline safety inspections.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
recovery of certain insurance company premium and annuity taxes.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 30: FOR AN ACT ENTITLED, An Act to provide that Department of Corrections
employees are excluded from concealed weapons permit requirements when on duty and acting
under the color of authority.
Was read the second time.
The question being "Shall SB 30 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; 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);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Curd
SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sentencing and supervision of prison inmates and parolees with suspended sentences.
Was read the second time.
The question being "Shall SB 31 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; 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);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Curd
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 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical
testing and revocations of driver licenses for persons under the age of twenty-one.
Was read the second time.
The question being "Shall SB 33 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; 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);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
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 35: FOR AN ACT ENTITLED, An Act to update references to certain federal motor
carrier regulations.
Was read the second time.
The question being "Shall SB 35 pass?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Ewing; Fiegen; Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Otten (Ernie);
Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Frerichs; Greenfield (Brock); Heinert; Olson; Omdahl
Excused:
Curd
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 53: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bank franchise tax.
Was read the second time.
The question being "Shall SB 53 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Curd
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.
SC 3 Introduced by: Senators Otten (Ernie), Brown, and Cammack and Representatives
Otten (Herman), Latterell, and Westra
events of February 12, 2015, and honors all those who courageously acted in response to the
tragic events of that day.
Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
1:48 p.m. the Senate adjourned.
Pursuant to the Joint-Select Committee Report found on page 13 of the Senate Journal,
the following is the Honorable Harold Frazier's State of the Tribes Address:
I applaud Governor Daugaard for taking time and coming out to our reservations and
visiting with us. And I applaud you, the state legislators, for allowing me the representative of
the Lakota people time to address you today. We know who we are, where we come from.
Our ancestors came from the Black Hills, out of Wind Cave, our creation stories tells us
these things. That's why we hold Paha Sapa (Black Hills) sacred. We are part of the Seven
Council Fires, who are the Dakota, Nakota and Lakota people. The only thing different is our
language. We speak with different dialects- D, L and N. We all pray to the same Creator. We
all belong to the White Buffalo Calf Pipe. In the western part of our state we are the Tetunyan
Oyate the "Teton Sioux". There are seven bands of the Teton. Four of them are located within
the Cheyenne River Sioux Tribe. The others are located on Rosebud, Pine Ridge, and Standing
Rock. I come from the Itazipcho band.
South Dakota is our homeland. The whole of western South Dakota and our Sioux
reservations east river were reserved as our "permanent home". These lands were set aside for
the absolute and undisturbed use of our people by our chiefs and the United States in our
treaties. In our treaties, we reserved our original, inherent right to self-government and
self-determination for our people in our homeland. We are men and women, and all men and
all women are created equal. We have a right to freedom and liberty in our own lands. Our rights
to freedom and liberty are natural, inalienable rights-----just as your rights are.
Health Crisis, Suicide, Prayer at School, Safe Houses
I have been meeting with our kids and they said that they do drugs out of boredom and to
cope with life. We asked them if they talked to their parents when they have problems and they
said no. I asked them, "well, who do you talk to if you don't talk to your parents?" They said,
friends, grandmas, and aunties. How do we help our children? How do we give them the coping
skills that they need to believe life is worth living?
Our children want to learn from their own people. They want healing that is more
traditional to our culture. We need our elders here to give us guidance and to teach us how to
cope in our own ways. We are glad that the state is wanting to expand Medicaid so that our
children and elders can have more access to care.
We thank Governor Daugaard for reaching out and working with our tribes. We need peer
to peer counseling to include traditional healers, our elders and families
You need to re-examine the state's funding formula and allocate more road funding where
it is needed. Make school bus routes in Ziebach County a priority. Put Ziebach County, Route
1 on the state's Statewide Transportation Improvement Plan. Ziebach County is the poorest
county in the United States which encompasses half of our reservation. In order to achieve
economic development, we must have good infrastructure, and we want economic development
and jobs on our reservations.
We are taxpayers too. We pay every tax that mainstream America pays except property tax,
but we cannot use our lands or homes as collateral to seek mortgages to start a business or to
simply to try improve our lives.
Ask yourselves how your proposed laws, your decisions, will impact the Indian people in
South Dakota before you cast your vote. Pass laws that will not only benefit a group of people,
but that will benefit all of us who live in South Dakota.
In our way we start with a prayer and end in a prayer. At this time I am going to sing a prayer song for all of us.