The prayer was offered by the Chaplain, Fr. John Forcelle, followed by the Pledge of
Allegiance led by Senate page Ryder Heitz.
Roll Call: All members present except Sens. Greenfield and Omdahl 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 sixteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages _ Katherine Bogue, Ryder Heitz, Grace Jensen, Jessica Johnson, Haley Ketteler,
Emily Schmitz, Autumn Simon, Lacy Steiger, Melissa Wollman.
Which was subscribed to and placed on file in the office of the Secretary of State.
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 Chapter 24-13 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Mark R. Smith,
Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.
This appointment is effective immediately, and shall continue until January 21, 2020.
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 Section 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Charles M.
Turbiville, Lawrence County, Deadwood, South Dakota, to the South Dakota Lottery
Commission.
This appointment is effective January 17, 2016, and shall continue until January 16, 2019.
January 8, 2016
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 Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed William S. Phillips,
Meade County, New Underwood, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective January 11, 2016, and shall continue until January 10, 2020.
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 Chapter 1-45 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Susan Aguilar, Minnehaha
County, Sioux Falls, South Dakota, to the South Dakota Board of Education.
This appointment is effective immediately, and shall continue until December 31, 2019.
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 Chapter 1-45 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Terry Sabers, Davison
County, Mitchell, South Dakota, to the South Dakota Board of Education.
This appointment is effective immediately, and shall continue until December 31, 2019.
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 Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Tom Graham,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.
This appointment is effective immediately, and shall continue until January 21, 2020.
January 21, 2016
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 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 Michael S. Bender,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development
Authority.
This appointment is effective immediately, and shall continue until January 18, 2020.
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 Chapter 1-16J of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed David Lust, Pennington
County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.
This appointment is effective immediately, and shall continue until January 18, 2020.
MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 66 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB 110 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 70 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1066, 1100, and 1103 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 103 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 36 which was tabled.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1098 and 1101 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1039 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 State Affairs respectfully reports that it has had under consideration
SB 104 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 1-26-4.3 be amended to read:
1-26-4.3. No permanent rule may be adopted if more than seventy-five days have passed
from the date the public hearing on the rule commenced. The agency shall appear before filed
with the secretary of state without the review of the rule by the Interim Rules Review
Committee and present the proposed permanent rule to the committee within the
seventy-five-day period before the rule is filed with the secretary of state. If the Interim Rules
Review Committee fails to meet on the proposed permanent rule during the seventy-five-day
period, and if the agency has complied with subdivisions 1-26-6(1) to 1-26-6(4), inclusive, the
agency may complete the rules adoption process by complying with subdivision 1-26-6(5)
notwithstanding subdivision 1-26-6(6). No permanent rule may be filed with the secretary of
state if more than sixty days have passed from the date the Interim Rules Review Committee
reviewed the rule. No emergency rule may be adopted if more than thirty days have passed from
the date the notice of intent to adopt an emergency rule was published in the manner prescribed
in § 1-26-4.1. "
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 105 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had
under consideration SB 148 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had
under consideration HB 1027 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 Health and Human Services respectfully reports that it has had
under consideration SB 138 and returns the same with the recommendation that said bill be
amended as follows:
Section 2.This Act is repealed on June 30, 2021.".
Sen. Brown moved that SB 108 be placed to follow SB 5 on today's calendar.
Which motion prevailed.
Sen. Brown moved that HCR 1004 be referred to the Committee on Judiciary.
Which motion prevailed.
Sen. Peterson (Jim) moved that the Senate do concur in HCR 1005 as found on page 276
of the House Journal.
Which motion prevailed.
The question being on Sen. Peterson (Jim)'s motion that HCR 1005 be concurred in as
amended.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1005 was concurred in.
HCR 1006: A CONCURRENT RESOLUTION, Commending and recognizing the
numerous contributions made by South Dakota's social workers and recognizing March 2016
as Social Work Month.
Sen. Hunhoff moved that the Senate do concur in HCR 1006 as found on page 277 of the
House Journal.
The question being on Sen. Hunhoff's motion that HCR 1006 be concurred in.
And the roll being called:
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1006 was concurred in.
Sen. Brown moved that the reports of the Standing Committees on
State Affairs on SB 91 as found on page 229 of the Senate Journal; also
Transportation on SB 85 as found on page 228 of the Senate Journal be adopted.
Which motion prevailed.
The President declared that SB 121 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 71: 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 revise
certain provisions regarding special pheasant hunts for disabled veterans.
Was read the second time.
The question being "Shall SB 71 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Greenfield (Brock); Omdahl
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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance requirements.
Was read the second time.
The question being "Shall HB 1036 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; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl
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 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
petitions for initiated constitutional amendments, initiated measures, and candidates.
Was read the second time.
The question being "Shall HB 1037 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Greenfield (Brock); Omdahl
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 79: FOR AN ACT ENTITLED, An Act to expand the list of professionals authorized
to perform certain examinations required for a plea of guilty but mentally ill.
Was read the second time.
The question being "Shall SB 79 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Ewing; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Solano; Sutton; Tidemann; Tieszen; Vehle; White
Nays:
Curd; Van Gerpen
Excused:
Greenfield (Brock); Omdahl; Soholt
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 90: FOR AN ACT ENTITLED, An Act to ensure that members of the public are able
to access and record public meetings.
Was read the second time.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
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 58: FOR AN ACT ENTITLED, An Act to revise certain restrictions for the use of
night-vision equipment for hunting under certain conditions.
Was read the second time.
The question being "Shall SB 58 pass as amended?"
And the roll being called:
Yeas 18, Nays 14, Excused 3, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Fiegen; Frerichs; Haggar (Jenna); Heinert; Holien;
Jensen (Phil); Monroe; Olson; Parsley; Peterson (Jim); Rampelberg; Shorma; Solano; Sutton
Nays:
Cammack; Ewing; Haverly; Heineman (Phyllis); Hunhoff (Bernie); Novstrup (David); Otten
(Ernie); Peters; Rusch; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
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.
Was read the second time.
The question being "Shall SB 80 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; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
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 95: FOR AN ACT ENTITLED, An Act to allow certain candidates for elective office
to pay filing fees in lieu of submitting nominating petitions, and to create the election filing fee
fund.
Was read the second time.
The question being "Shall SB 95 pass?"
And the roll being called:
Yeas 8, Nays 24, Excused 3, Absent 0
Yeas:
Bradford; Brown; Heinert; Hunhoff (Bernie); Otten (Ernie); Peters; Sutton; Tidemann
Nays:
Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Parsley; Peterson (Jim);
Rampelberg; Rusch; Shorma; Solano; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
SB 73: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding open
meetings.
Was read the second time.
The question being "Shall SB 73 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; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
So the bill having received an affirmative vote of a majority of the members present, the
President declared the bill passed and the title was agreed to.
SB 64: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.
Was read the second time.
The question being "Shall SB 64 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; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe;
Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Greenfield (Brock); Omdahl; Soholt
SB 102: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licenses
and special event alcoholic beverage licenses to be issued on certain lands and facilities located
on state educational institution campuses.
Was read the second time.
The question being "Shall SB 102 pass?"
And the roll being called:
Yeas 18, Nays 13, Excused 4, Absent 0
Yeas:
Brown; Buhl O'Donnell; Curd; Fiegen; Frerichs; Heineman (Phyllis); Heinert; Hunhoff
(Bernie); Novstrup (David); Parsley; Peters; Rusch; Shorma; Sutton; Tidemann; Tieszen; Vehle;
White
Nays:
Cammack; Ewing; Haggar (Jenna); Haverly; Holien; Jensen (Phil); Monroe; Olson; Otten
(Ernie); Peterson (Jim); Rampelberg; Solano; Van Gerpen
Excused:
Bradford; Greenfield (Brock); Omdahl; Soholt
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 the balance of the calendar including SB 5 and 108 and HB 1033,
1025, 1056, and 1063 be deferred to Tuesday, February 9th, the 18th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1003: FOR AN ACT ENTITLED, An Act to revise certain administrative functions
regarding county government.
HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning local
government elections.
HB 1035: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
concerning voter registration, vote centers, and conducting elections.
HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
HB 1050: FOR AN ACT ENTITLED, An Act to repeal certain obsolete mini-storage tax
refund provisions.
HB 1052: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage business
restrictions on Department of Revenue employees.
HB 1057: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the
South Dakota Commission on Gaming.
And signed the same in the presence of the Senate.
Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at
4:17 p.m. the Senate adjourned.