The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by Senate page Joshua Weinheimer.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-first 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 March 3, 2016, I approved Senate Bill 38, and the
same has been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 3, 17, 42, 50, 55, 74, 79, 80, 97, 116, and 150 and
finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 16, 23, 34, 53, 59,
71, 73, and 75 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m.,
March 3, 2016.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1242 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:
Section 5. That the code be amended by adding a NEW SECTION to read:
report, any information derived from the protected consumer's credit report, or any record
created for the protected consumer.
Section 6. That the code be amended by adding a NEW SECTION to read:
Section 8. That the code be amended by adding a NEW SECTION to read:
Section 9. That the code be amended by adding a NEW SECTION to read:
Section 10. That the code be amended by adding a NEW SECTION to read:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1091 and returns the same with the recommendation that said bill be amended
as follows:
" Section 24. That the code be amended by adding a NEW SECTION to read:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1134 and returns the same with the recommendation that said bill be amended
as follows:
"
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1139 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
HB 1118 and 1146 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Kevin V. Schieffer of Lincoln County, Sioux Falls, South Dakota, to the
State Board of Regents 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.
The Committee on Education respectfully reports that it has had under consideration
HB 1112 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1029, 1046, 1061, and 1203 which have passed
the House and your favorable consideration is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1141 and HCR 1007.
I have the honor to inform your honorable body that the House has appointed Reps. Cronin,
Dryden, and Hawley as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 132.
I have the honor to return herewith SB 3, 42, 50, 55, 74, 79, 80, 97, 116, and 150 which
have passed the House without change.
I have the honor to return herewith SB 5, 22, 45, 54, and 58 which have been amended by
the House and your concurrence in the amendments is respectfully requested.
SENATE PAGE RESOLUTION 4 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 Kallie Carey, John Eilertson, Joanna Hancock,
Trey Jones, Kassidy Kitzmiller, Lynsey Klunder, Shale Kramme, Zachary Renshaw,
Andrew Silva, Megan Simon, Joshua Weinheimer.
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. Parsley moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Parsley's motion that Senate Page Resolution 4 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; White
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Which motion prevailed.
Sen. Brown moved that HB 1110 be placed to follow 1204 on today's calendar.
Which motion prevailed.
Sen. Brown moved that the reports of the Standing Committees on
State Affairs on HB 1060 as found on page 501 of the Senate Journal be adopted.
Which motion prevailed.
HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department
of Health to fund the rural residency program 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 and placed it on the calendar of Monday, March 7th, the
33rd legislative day.
HB 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust
fund 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 and placed it on the calendar of Monday, March 7th, the
33rd legislative day.
HB 1061: FOR AN ACT ENTITLED, An Act to provide a tuition benefit to certain
teachers who enroll in courses under the management and control of the Board of Regents that
are not subsidized by the general fund.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1 and placed it on the calendar of Monday, March 7th, the
33rd legislative day.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1 and placed it on the calendar of Monday, March 7th, the
33rd legislative day.
Sen. Heinert requested that HB 1218 be removed from the Consent Calendar.
Pursuant to Senate Rule 6-1, the President removed HB 1190 from the Consent Calendar.
HB 1132: FOR AN ACT ENTITLED, An Act to require the submission of sexual assault
kits for testing.
Was read the second time.
The question being "Shall HB 1132 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1153: FOR AN ACT ENTITLED, An Act to allow parties to agree to resolve an
eminent domain dispute by mediation.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
use of a suspended imposition of sentence for a misdemeanor and a felony.
Was read the second time.
The question being "Shall HB 1167 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1243: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized sharing of
certain private images on the internet.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1099: FOR AN ACT ENTITLED, An Act to revise certain campaign finance
provisions.
Was read the second time.
The question being "Shall HB 1099 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1224: FOR AN ACT ENTITLED, An Act to facilitate participation by South Dakota
residents in an ABLE savings program.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
HB 1094: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer
inspection fee for purposes of fertilizer-related research and education and to create the Nutrient
Research and Education Council to promote such research and education.
Was read the second time.
The question being "Shall HB 1094 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Bradford; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman
(Phyllis); Heinert; Holien; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Otten (Ernie);
Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann;
Tieszen; Vehle; White
Nays:
Brown; Greenfield (Brock); Jensen (Phil); Omdahl; Sutton; Van Gerpen
Excused:
Buhl O'Donnell
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 HB 1042 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar
(Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Novstrup (David);
Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Jensen (Phil); Monroe
Excused:
Buhl O'Donnell
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.
HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning road
districts.
Was read the second time.
The question being "Shall HB 1127 pass?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar
(Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Novstrup
(David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch;
Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Holien; Monroe
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 1045: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions
relating to the General Appropriations Act for fiscal year 2013.
Was read the second time.
The question being "Shall HB 1045 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; 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
Excused:
Buhl O'Donnell
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 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax
incentives for certain energy facilities.
Was read the second time.
The question being "Shall HB 1177 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Nays:
Jensen (Phil)
Excused:
Buhl O'Donnell
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.
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 second time.
The question being "Shall HB 1204 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; 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
Excused:
Buhl O'Donnell
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 HB 1005, 1043, 1044, 1079,
1110, 1143, 1144, 1145, and 1157 be deferred to Monday, March 7th, the 33rd legislative day.
Which motion prevailed.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1078 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1064, 1068, and 1244 and returns the same with the recommendation that said bills do pass
and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1088 and returns the same with the recommendation that said bill be amended as follows:
" Section 23. That chapter 22-8 be amended by adding a NEW SECTION to read:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Mark R. Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons
and Paroles 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 Judiciary respectfully reports that it has had under consideration the
nomination of Patricia White Horse Carda of Charles Mix County, Wagner, South Dakota, to
the Board of Pardons and Paroles and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said reappointment .
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1077 and 1225 which were deferred to the 41st Legislative Day.
The President publicly read the title to
SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
Executive Board of the Legislative Research Council.
SB 3: FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if
property is classified as agricultural land for property tax purposes.
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.
SB 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to
provide a penalty therefor.
SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
forfeiture of property interests of persons convicted of certain crimes.
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.
SB 42: FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing,
and mixed martial arts competitions.
SB 50: FOR AN ACT ENTITLED, An Act to revise the allocation of certain fees collected
by the Department of Corrections.
SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
HOPE probation program.
SB 74: FOR AN ACT ENTITLED, An Act to authorize members of certain governing
bodies who are displaced by a natural disaster to continue their term of office.
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.
SB 80: FOR AN ACT ENTITLED, An Act to limit certain liability for hosts of fishing
tournaments.
SB 97: FOR AN ACT ENTITLED, An Act to provide for the automatic removal of all
petty offenses, municipal ordinance violations, and Class 2 misdemeanor charges or convictions
from background check records after ten years under certain conditions.
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.
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.
SB 118: FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain
bidding requirements.
SB 150: FOR AN ACT ENTITLED, An Act to revise provisions related to the legislative
intern program.
And signed the same in the presence of the Senate.
Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at
2:47 p.m. the Senate adjourned.