The prayer was offered by the Chaplain, Rev. Sarah Goldhammer, followed by the Pledge
of Allegiance led by Senate page Autumn Simon.
Roll Call: All members present except Sens. Holien and Ewing 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 twenty-third day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 18, 2016, I approved Senate Bills 10, 11,
14, 18, 20, and 68, and the same have been deposited in the office of the Secretary of State.
The Committee on Judiciary respectfully reports that it has had under consideration SB 154
and 158 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 157
which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1102, 1108, and 1117 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 133 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 131 and returns the same with the recommendation that said bill be amended as follows:
" Section 23. That the code be amended by adding a NEW SECTION to read:
" Section 26. That § 13-8-47 be amended to read:
13-8-47. Before the first day of August every school board shall file an annual report with
the Department of Education. The report shall contain all the educational and financial
information and statistics of the school district as requested in a format established by the
Department of Education. The report shall also contain, for each month of the fiscal year, the
month-end cash balances of the school district's general fund, capital outlay fund, pension fund,
and special education fund. The report shall also contain the following information for the
district from the preceding fiscal year:
Section 27. That the code be amended by adding a NEW SECTION to read:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 112 and returns the same with the recommendation that said bill be amended as follows:
"
Section 1. That § 11-9-23 be amended to read:
11-9-23. If the municipality adopts an amendment to the original project plan for any
district, which that includes additional project costs for which tax increments may be received
by the municipality, the tax incremental base for the district will be incurred before the
expiration of the period specified in § 11-9-13 and the additional project costs do not exceed
thirty-five percent of the amount approved within the original project plan, the amendment shall
be made pursuant to § 11-9-18. An amendment to the original project plan that includes
additional project costs at least part of which will be incurred after the expiration of the period
specified in § 11-9-13 shall be redetermined pursuant to § 11-9-20. The tax incremental base
as redetermined under this section is effective for the purposes of this chapter only if it exceeds
the original tax incremental base determined under § 11-9-20. "
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 118 and returns the same with the recommendation that said bill be amended as follows:
" Section 1. That § 5-18A-22 be amended to read:
I have the honor to transmit herewith HB 1024, 1177, 1204, 1238, and 1244 which have
passed the House and your favorable consideration is respectfully requested.
SENATE PAGE RESOLUTION 3 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 Katherine Bogue, Ryder Heitz, Grace Jensen,
Jessica Johnson, Haley Ketteler, Emily Schmitz, Autumn Simon, Lacy Steiger, Melissa
Wollman.
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. Olson moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Olson's motion that Senate Page Resolution 3 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Brown moved that the reports of the Standing Committees on
Judiciary on SB 44 as found on page 346 of the Senate Journal; also
Education on SB 69 as found on page 333 of the Senate Journal; also
Joint Committee on Appropriations on SB 16 as found on page 330 of the Senate Journal;
also
Senate Committee on Appropriations on HB 1208 as found on page 331 of the Senate
Journal be adopted.
Which motion prevailed.
HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the
maintenance and repair of state owned dams and to declare an emergency.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1.
HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax
incentives for certain energy facilities.
Was read the first time and referred to the Committee on Taxation.
HB 1204: FOR AN ACT ENTITLED, An Act to provide a sales and use tax exemption for
certain nonprofit corporations created for the purpose of fire protection.
Was read the first time and referred to the Committee on Taxation.
HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the
Executive Board of the Legislative Research Council.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Judiciary.
The Senate proceeded to the consideration of the judicial appointment of
Charles P. Schroyer of Hughes County, Pierre, South Dakota, to the Board of Pardons and
Paroles.
The question being "Does the Senate advise and consent to the judicial appointment of
Charles P. Schroyer pursuant to the judicial message as found on page 44 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Susan Aguilar
of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive appointment of
Susan Aguilar pursuant to the executive message as found on page 240 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Scott Herman
of Todd County, Mission, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive appointment of
Scott Herman pursuant to the executive message as found on page 28 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of James Morgan
of Brookings County, Brookings, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive appointment of
James Morgan pursuant to the executive message as found on page 28 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of
Robert J. Wilson of Larimer County, Fort Collins, Colorado, to the South Dakota Science and
Technology Authority.
The question being "Does the Senate advise and consent to the executive appointment of
Robert J. Wilson pursuant to the executive message as found on page 29 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of
William S. Phillips of Meade County, New Underwood, South Dakota, to the Game, Fish and
Parks Commission.
The question being "Does the Senate advise and consent to the executive reappointment
of William S. Phillips pursuant to the executive message as found on page 239 of the Senate
Journal?"
And the roll being called:
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of
Wanda J. Blair of Meade County, Vale, South Dakota, to the State Brand Board.
The question being "Does the Senate advise and consent to the executive reappointment
of Wanda J. Blair pursuant to the executive message as found on page 256 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Terry Sabers
of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Terry Sabers pursuant to the executive message as found on page 240 of the Senate Journal?"
And the roll being called:
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of
Randy Schaefer of Lake County, Madison, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive reappointment
of Randy Schaefer pursuant to the executive message as found on page 30 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of
Dr. Ani Aprahamian of Notre Dame, Indiana, to the South Dakota Science and Technology
Authority.
The question being "Does the Senate advise and consent to the executive reappointment of Dr. Ani Aprahamian pursuant to the executive message as found on page 29 of the Senate Journal?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of
Casey Peterson of Pennington County, Rapid City, South Dakota, to the South Dakota Science
and Technology Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Casey Peterson pursuant to the executive message as found on page 30 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1207: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real
estate at the Human Services Center and to provide for the deposit of the proceeds.
Was read the second time.
The question being "Shall HB 1207 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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:
Ewing; Holien
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 1090: FOR AN ACT ENTITLED, An Act to require certain statements and audits
concerning insurance pooling arrangements to be filed with the Department of Legislative
Audit.
Was read the second time.
The question being "Shall HB 1090 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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
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 109: FOR AN ACT ENTITLED, An Act to require counties to conduct random
checkpoints for overweight vehicles as a condition of receiving funds from the bridge
improvement grant fund.
Was read the second time.
The question being "Shall SB 109 pass as amended?"
And the roll being called:
Yeas 13, Nays 20, Excused 2, Absent 0
Yeas:
Heineman (Phyllis); Hunhoff (Bernie); Monroe; Novstrup (David); Omdahl; Parsley; Peters;
Rampelberg; Rusch; Shorma; Tidemann; Tieszen; Vehle
Nays:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heinert; Jensen (Phil); Olson; Otten (Ernie); Peterson (Jim); Soholt;
Solano; Sutton; Van Gerpen; White
Excused:
Ewing; Holien
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building
South Dakota fund programs.
Was read the second time.
Which motion prevailed.
The question being "Shall SB 45 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Omdahl;
Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Greenfield (Brock); Jensen (Phil)
Excused:
Ewing; Holien
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 106: FOR AN ACT ENTITLED, An Act to provide for the collection of sales taxes
from certain remote sellers, to establish certain Legislative findings, and to declare an
emergency.
Was read the second time.
The question being "Shall SB 106 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Ewing; Holien
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 143: FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee
to implement a performance management review process.
Was read the second time.
The question being "Shall SB 143 pass as amended?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Haggar (Jenna); Haverly;
Heineman (Phyllis); Heinert; Hunhoff (Bernie); Novstrup (David); Omdahl; Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
Nays:
Greenfield (Brock); Jensen (Phil); Monroe; Olson; Otten (Ernie)
Excused:
Ewing; Holien
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 159 and HB 1007, 1201,
1187, 1120, 1136, and 1005 be deferred to Monday, February 22nd, the 25th legislative day.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Transportation respectfully reports that it has had under consideration
SB 110, which was removed from the table, and returns the same with the recommendation that
said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 127 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 146 which was tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 152 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 SB 72 and returns the same with the recommendation that said bill be amended
as follows:
34-23A-4. An abortion may be performed following the twelfth week of pregnancy and
through the twenty-fourth up to the twentieth week of pregnancy by a physician only in a
hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United
States, this state, or any department, agency, or political subdivision of either or in the case of
hospital facilities not being available, in the licensed physician's medical clinic or office of
practice subject to the requirements of § 34-23A-6.
Section 11. That § 34-23A-5 be amended to read:
34-23A-5. An abortion may be performed following the twenty-fourth twentieth week of
pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is
appropriate and reasonable medical judgment that performance of an abortion is necessary to
preserve the life or health of the mother due to a serious health risk to the unborn child's
mother.".
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 171 and returns the same with the recommendation that said bill be amended
as follows:
" Section 1. That the code be amended by adding a NEW SECTION to read:
Section 3. That the code be amended by adding a NEW SECTION to read:
Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at
2:47 p.m. the Senate adjourned.