The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the
Pledge of Allegiance led by Senate page Kathryn Paulson.
Roll Call: All members present except Sen. Novstrup 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 twelfth 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 Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 32, 37, 40, and 41 and finds the same correctly
enrolled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1052 and 1057 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 HB 1040 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 62 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1018, 1019, and 1020 and returns the same with the recommendation
that said bills do pass and be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1055 and 1058 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 93
and HB 1021, 1022, and 1062 and returns the same with the recommendation that said bills do
pass and be placed on the consent calendar.
I have the honor to return herewith SB 32, 37, 40, and 41 which have passed the House
without change.
SCR 2: A CONCURRENT RESOLUTION, Supporting efforts to ensure that students from
South Dakota have access to debt-free higher education at public colleges and universities.
Was read the second time.
Sen. Buhl O'Donnell moved that SCR 2 as found on page 161 of the Senate Journal be
adopted.
The question being on Sen. Buhl O'Donnell's motion that SCR 2 be adopted.
And the roll being called:
Yeas 8, Nays 26, Excused 1, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton
Excused:
Novstrup (David)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1002: A CONCURRENT RESOLUTION, Supporting the selection of the F-35 Joint
Strike Fighter beddown at Joe Foss Field, 114th Fighter Wing, South Dakota Air National Guard.
Was read the second time.
Sen. Peters moved that the Senate do concur in HCR 1002 as found on page 178 of the
House Journal.
The question being on Sen. Peters' motion that HCR 1002 be concurred in.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1002 was concurred in.
HCR 1003: A CONCURRENT RESOLUTION, Encouraging recognition of the current
gender wage gap and calling for the enforcement of equal pay for equal work laws.
Was read the second time.
Sen. Buhl O'Donnell moved that the Senate do concur in HCR 1003 as found on page 179
of the House Journal.
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Otten
(Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton;
Tidemann; Tieszen; White
Nays:
Holien; Jensen (Phil); Monroe; Olson; Omdahl; Van Gerpen
Excused:
Novstrup (David); Vehle
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. Brown moved that SB 54 be deferred to Wednesday, February 3rd, the 14th legislative
day.
Which motion prevailed.
Sen. Brown moved that the reports of the Standing Committees on
Joint Committee on Appropriations on SB 12 as found on page 158 of the Senate
Journal; also
Judiciary on SB 26 as found on page 158 of the Senate Journal; also
Education on SB 81 as found on page 159 of the Senate Journal be adopted.
Which motion prevailed.
SB 124 Introduced by: Senator White and Representative Westra
FOR AN ACT ENTITLED, An Act to enhance South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 125 Introduced by: Senator White and Representative Westra
FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in
South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 126 Introduced by: Senator White and Representative Westra
FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.
Was read the first time and referred to the Committee on State Affairs.
SB 127 Introduced by: Senators Brown, Ewing, Heinert, Monroe, Parsley, Peterson (Jim),
Soholt, Solano, Sutton, Tieszen, and White and Representatives Westra, Bartling, Brunner,
Gosch, Haggar (Don), Harrison, Hawley, Rounds, Schaefer, Stalzer, Stevens, Werner, and
Zikmund
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirements
for placement of a utility facility across a railroad right-of-way.
Was read the first time and referred to the Committee on Transportation.
SB 128 Introduced by: Senator Peters and Representative Willadsen
FOR AN ACT ENTITLED, An Act to guarantee consumer choice.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to establish certain suicide awareness and prevention
training requirements for certain school employees based on the Jason Flatt Act.
Was read the first time and referred to the Committee on Education.
SB 130 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), Holien,
Monroe, Olson, Omdahl, Rampelberg, and Rusch and Representatives DiSanto, Brunner, Craig,
Greenfield (Lana), Haugaard, Qualm, Russell, and Wiik
FOR AN ACT ENTITLED, An Act to require the processing of sexual assault exam kits.
Was read the first time and referred to the Committee on Judiciary.
SB 131 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to establish a target teacher salary and a target teacher
ratio and to revise certain provisions regarding education funding.
Was read the first time and referred to the Committee on State Affairs.
SB 132 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding education
funding.
Was read the first time and referred to the Committee on State Affairs.
SB 133 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shared services
provided by the state to school districts, the sharing of services of school district employees, the
classroom innovation grant program, and educator mentoring and certification reciprocity.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to prohibit the Public Utilities Commission from
granting certain permits until federal approval is granted.
Was read the first time and referred to the Committee on Commerce and Energy.
SJR 2 Introduced by: Senators Hunhoff (Bernie), Parsley, Peterson (Jim), and Rampelberg
and Representatives Brunner and Feickert
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election a new section to Article XI of the Constitution of the State of South Dakota, relating
to the imposition of a corporate income tax and dedication of the revenue therefrom.
Was read the first time and referred to the Committee on Taxation.
The Senate proceeded to the consideration of the executive reappointment of
Lyla Hutchison of Oglala Lakota County, Wounded Knee, South Dakota, to the
State Brand Board.
The question being "Does the Senate advise and consent to the executive reappointment
of Lyla Hutchison pursuant to the executive message as found on page 34 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1030: FOR AN ACT ENTITLED, An Act to revise certain codes and standards
regarding fire prevention.
Was read the second time.
The question being "Shall HB 1030 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters
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 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
guaranteed energy savings contracts.
Was read the second time.
The question being "Shall HB 1032 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters
HB 1038: FOR AN ACT ENTITLED, An Act to update certain citations to federal
regulations regarding pipeline safety inspections.
Was read the second time.
The question being "Shall HB 1038 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters
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 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 second time.
The question being "Shall HB 1041 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters
SB 65: FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall
petition.
Was read the second time.
The question being "Shall SB 65 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Monroe
Excused:
Novstrup (David)
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 10: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the renovation and construction of an addition to Harding Hall on the campus of South
Dakota State University and to make an appropriation therefor.
Was read the second time.
The question being "Shall SB 10 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Novstrup (David)
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 11: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase
land from the Dakota State University Foundation for the use and benefit of Dakota State
University in Madison, to make an appropriation therefor, and to declare an emergency.
Was read the second time.
The question being "Shall SB 11 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
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 17: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
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 18: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
Was read the second time.
The question being "Shall SB 18 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
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 68 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
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 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to
provide a penalty therefor.
Was read the second time.
The question being "Shall SB 24 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Novstrup (David)
SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
forfeiture of property interests of persons convicted of certain crimes.
Was read the second time.
The question being "Shall SB 25 pass?"
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); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters; Rusch
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 76: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding
wind energy system set back requirements.
Was read the second time.
Which motion prevailed.
And the roll being called:
Yeas 12, Nays 21, Excused 2, Absent 0
Yeas:
Curd; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Hunhoff (Bernie); Monroe; Olson;
Parsley; Peterson (Jim); Rusch; Shorma
Nays:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Haverly; Heineman (Phyllis); Heinert;
Holien; Jensen (Phil); Omdahl; Otten (Ernie); Rampelberg; Soholt; Solano; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; White
Excused:
Novstrup (David); Peters
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
chemical testing of commercial drivers.
Was read the second time.
The question being "Shall SB 34 pass?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Haggar (Jenna); Haverly;
Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Omdahl; Otten (Ernie); Parsley;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
Nays:
Frerichs; Greenfield (Brock); Heinert; Monroe; Olson
Excused:
Novstrup (David); Peters
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 32: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2015.
SB 37: FOR AN ACT ENTITLED, An Act to adopt the 2015 edition of the Uniform
Plumbing Code.
SB 40: FOR AN ACT ENTITLED, An Act to revise signature and seal requirements for
the Board of Technical Professions.
SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the Board
of Technical Professions.
And signed the same in the presence of the Senate.
SC 6 Introduced by: Senators Greenfield (Brock), Curd, Ewing, Heineman (Phyllis),
Holien, Monroe, Olson, Omdahl, Otten (Ernie), Peterson (Jim), Rusch, Shorma, and Tieszen
and Representatives Bolin, Anderson, Bartling, Beal, Brunner, Craig, Deutsch, Dryden, Feickert,
Gosch, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Hawks, Hawley, Heinemann
(Leslie), Holmes, Hunhoff (Jean), Hunt, Johns, Kirschman, Klumb, Langer, Marty, McCleerey,
Munsterman, Novstrup (Al), Otten (Herman), Qualm, Rasmussen, Ring, Romkema, Rounds,
Rozum, Russell, Schaefer, Schoenbeck, Schoenfish, Schrempp, Sly, Soli, Stalzer, Stevens,
Tulson, Werner, Westra, Willadsen, and Zikmund
responsibilities of citizenship, and to give better knowledge of the fundamental principles of
government within the State of South Dakota through a unique, learn-by-doing workshop; and
Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at
4:03 p.m. the Senate adjourned.