JOURNAL OF THE SENATE
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 6, 2018
The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Alex Haines, followed by the Pledge of
Allegiance led by Senate page Danielle Houghtaling.
Roll Call: All members present except Sen. Nesiba who was excused.
APPROVAL OF THE JOURNAL
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-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.
Respectfully submitted,
Brock L. Greenfield, Chair
Which motion prevailed.
COMMUNICATIONS AND PETITIONS
March 5, 2018
Mr. President and Members of the Senate:
I have the honor to inform you that on March 5, 2018, I approved Senate Bills 25, 41, 42,
61, and 64, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
REPORTS OF STANDING COMMITTEES
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 8, 65, 98, 100, 128, 137, 146, 155, 156, and 178 and
finds the same correctly enrolled.
Respectfully submitted,
Brock L. Greenfield, Chair
MESSAGES FROM THE HOUSE
MR. PRESIDENT:
I have the honor to return herewith SB 63, 76, 91, and 214 which have been amended by
the House and your concurrence in the amendments is respectfully requested.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1248.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that SB 79 was tabled.
Also MR. PRESIDENT:
I have the honor to return herewith SB 65, 98, 100, 128, 137, and 156 which have passed
the House without change.
Respectfully,
Sandra J. Zinter, Chief Clerk
MOTIONS AND RESOLUTIONS
Sen. Curd moved that the Senate do now recess until 12:30 p.m., which motion prevailed
and at 10:20 a.m., the Senate recessed.
RECESS
The Senate reconvened at 1:30 p.m., the President presiding.
The oath of office was administered by the President to the following named persons:
Pages - Lyric Gruenhagen, Sydnee Winter
Which was subscribed to and placed on file in the office of the Secretary of State.
There being no objection, the Senate reverted to Order of Business No. 6.
REPORTS OF JOINT-SELECT COMMITTEES
MR. PRESIDENT:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Ninety-third
Legislative Session be adopted as the joint rules of the Ninety-fourth Legislative Session with
the following changes:
Amend Chapter 6 of the Joint Rules as follows:
6A-1. Legislative Documents. Only bills and the following may be introduced in the
Legislature:
(1) A House or Senate resolution pertains to the affairs of one house only and requires
action only by the legislative chamber concerned. A House or Senate resolution may be
used to express an opinion or principle of one house, to express an opinion to or request
of the other house, to regulate procedure, or to refer the subject matter of bills to the
Legislative Research Council;
(2) A concurrent resolution expresses the opinion or a principle of the Legislature not
having the force of law. A concurrent resolution shall only be used to authorize interim
studies, joint rules, sessions or committees, to instruct a department of state government,
or to petition federal agencies;
(3) A joint resolution contains matters of legislation only. A joint resolution may be used
to refer a matter for referendum to the people, to place a constitutional amendment on the
ballot at the next general election, to ratify proposed amendments to the United States
Constitution, to enact legislative reapportionment, or to grant a water right pursuant to
§ 46-5-20.1;
(4) A House or Senate resolution of disapproval as provided under Article IV, Section 8,
of the South Dakota Constitution;
(5) A legislative commemoration expresses recognition of service or achievements of
national or statewide importance or expresses sorrow over death or less.
6A-4. Bills at the request of the Governor, executive agencies, and the Chief Justice.
A bill introduced at the request of the Governor, Chief Justice of the Supreme Court, a
department, board, commission, or any other agency of state government, shall indicate in the
title on the bill at whose request such bill is being introduced.
6E-2. Hoghouse Amendments. Any substitute bill shall be treated as an amendment and
shall be governed by the rules governing amendments. A committee may not take final action
on a bill so amended until one legislative day has intervened, unless it is the final day for the
committee to act upon the bill, according to the committee's meeting schedule.
Amend Chapter 7 of the Joint Rules as follows:
7-1.4. Posting of agendas. Agendas of the bills, resolutions, and other proposals to be
considered at any meeting of a standing committee or subcommittee shall be posted on the
bulletin board of the respective house. At least one legislative day shall intervene between the
date of posting and the date of consideration. An agenda must be posted by 5 p.m. in order to
allow for an intervening legislative day. However, if a day of legislative recess intervenes
between the date of posting and the date of consideration, the requirement of posting is fulfilled
if posting is made by 5 p.m. on the day before the legislative recess. This rule does not apply to
consideration of a bill or resolution for which action is required pursuant to Joint Rule 7-7.
7-7. Demand for delivery of a bill or resolution to house - “Smoke-out.” Each house
may by motion order its committee to deliver a bill or resolution under its consideration to that
house, if no more than three legislative days have passed since the committee reported that the
bill or resolution was tabled or deferred to the 41st legislative day. If the motion is supported by
the vote of one-third or more of the members-elect, the committee shall, not later than the next
legislative day, deliver the bill or resolution to the house with or without recommendation. The
bill or resolution shall be delivered to the house in the same form as it was when it was tabled
or deferred to a nonexistent the 41st legislative day by the committee.
Amend Chapter 17 of the Joint Rules as follows:
Chapter 17. Legislative Deadlines
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Legislative Deadlines
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Legislative Action
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40 Day Session
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A. Last day for unlimited introduction of individual bills and joint resolutions1
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12th Day
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B. Last day for introduction of individual bills and joint resolutions1
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15th Day
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C. Last day for introduction of committee bills and joint resolutions1
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16th Day
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D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in
either house
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26th Day
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E. Last day to move required delivery of bills or joint resolutions by a committee
to the house of origin
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28th Day
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F. Last day to pass bills or joint resolutions by the house of origin and to introduce
concurrent resolutions
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29th Day
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G. Last day for introduction of commemorations
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33rd Day
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H. During the seven final legislative days motions to reconsider and
reconsideration being made upon the same day (any time before adjournment)
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34th Day on
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I. Last day to move required delivery of bills or joint resolutions by a committee to
the second house
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35th Day
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J. Last day for a bill or joint resolution to pass both houses
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36th Day
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K. Two days preceding the last two days of a legislative session shall be reserved
for concurrences or action upon conference committee reports
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37th Day
38th Day
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K. L. The last day of a legislative session is reserved for the consideration of
vetoes
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40th Day
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1 Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to
this deadline, pursuant to Joint Rule
6A-5.
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17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and
any bill that adjusts school district property tax levies pursuant to an appropriation bill is not
subject to the legislative deadlines of C, E, F, I, and J, and K, in this chapter, except that the
general appropriation bill requested by the Governor shall be subject to legislative deadline C.
Any appropriation bill that is not a general appropriation bill, which is referred to or
reported to the floor by the House Appropriations, the Senate Appropriations or the Joint
Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the
legislative deadlines of E and F, in this chapter:
(1) Last day to move required delivery of bills by a committee to the house of origin:
31st Day;
(2) Last day to pass bills by the house of origin: 32nd Day.
Adopt the 94
th South Dakota Legislative Session Calendar as shown:
Respectfully Submitted, Respectfully Submitted,
G. Mark Mickelson Brock Greenfield
Lee Qualm R. Blake Curd
Spencer Hawley Jason E. Frerichs
House Committee Senate Committee
REPORTS OF CONFERENCE COMMITTEES
MR. PRESIDENT:
The Conference Committee respectfully reports that it has considered HB 1016 and
the amendments thereto made by the Senate, and the disagreement of the two houses thereon,
and recommends that HB 1016 be amended as follows:
1016ce
On page 3 of the Senate engrossed bill, delete lines 19 to 24, inclusive, and insert:
"
(5) Colorado Technical University;
(6)(7) Dakota State University;
(7)(8) Dakota Wesleyan University;
(9) ELS Educational Services, Inc. (d/b/a ELS Language Centers);
(8) Globe University;
(10) Headlines Academy;".
On page 4, delete lines 1 to 20, inclusive, and insert:
"
(11) Hot Rod Institute;
(12) John Witherspoon College;
(9) Kilian Community College;
(10)(13) Lake Area Technical Institute;
(11)(14) Mitchell Technical Institute;
(12)(15) Mount Marty College;
(13)(16) National American University;
(14)(17) Northern State University;
(15)(18) Presentation College;
(16)(19) Sanford Medical Center;
(17)(20) Sioux Falls Seminary;
(18)(21) South Dakota School of Mines and Technology;
(19)(22) South Dakota State University;
(20)(23) Southeast Technical Institute;
(24) Southwest Minnesota State University;
(25) Stewart School;
(21)(26) University of Sioux Falls;
(22)(27) University of South Dakota; and
(23)(28) Western Dakota Technical Institute.".
Respectfully submitted, Respectfully submitted,
Timothy Johns Jim Bolin
House Committee Chair Senate Committee Chair
HONORED GUEST
The President introduced William Mervin "Billy" Mills who addressed the body.
MESSAGES FROM THE HOUSE
MR. PRESIDENT:
I have the honor to inform your honorable body that a change has been made in the House
Conference Committee on SB 62. The committee should now be Reps. Rozum, Stevens, and
Wismer.
Respectfully,
Sandra J. Zinter, Chief Clerk
MOTIONS AND RESOLUTIONS
SR 5: A RESOLUTION, To affirm the need for continued involvement of the Department
of Legislative Audit in verifying the fiscal and contractual compliance of rail operators on state
owned rail lines.
Was read the second time.
Sen. Nelson moved that SR 5 be amended as follows:
On page 2 of the printed resolution, delete lines 2 to 9, inclusive, and insert:
"
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature
of the State of South Dakota, that the Senate encourages its members on the Government Audit
& Operations committee to continue working with the Department of Legislative Audit and
Department of Transportation in closely monitoring the Mitchell-Rapid City rail line.".
Which motion prevailed.
Sen. Nelson moved that SR 5 as found on page 690 of the Senate Journal be adopted as
amended on page 715 of the Senate journal.
The question being on Sen. Nelson's motion that SR 5 be adopted as amended.
And the roll being called:
Yeas 12, Nays 22, Excused 1, Absent 0
Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Monroe; Nelson; Netherton; Russell;
Sutton; Tapio; Youngberg
Nays:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Kolbeck; Langer;
Maher; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tidemann;
White; Wiik
Excused:
Nesiba
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Curd moved that HB 1067 be placed to precede HB 1196 on today's calendar.
Which motion prevailed.
Sen. Curd moved that HB 1045 and 1192 be placed to follow 1234 on today's calendar.
Which motion prevailed.
Sen. Curd moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Wednesday, March 7th the thirty-fifth legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Curd moved that the reports of the Standing Committees on
State Affairs on HB 1160 as found on page 685 of the Senate Journal; also
State Affairs on HB 1286 as found on page 686 of the Senate Journal; also
State Affairs on HB 1311 as found on page 686 of the Senate Journal; also
Local Government on HB 1257 as found on page 680 of the Senate Journal
; also
Senate Committee on Appropriations on HB 1264 as found on page 682 of the
Senate Journal; also
Judiciary on HB 1109 as found on page 681 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Peters moved that HB 1109 be placed on the calendar of Tuesday, March 6th, the
thirty-fourth legislative day, and be considered following HB 1257 pursuant to Joint Rule 6F-6.
The question being on Sen. Peters' motion that HB 1109 be placed on the calendar of
Tuesday, March 6th, the thirty-fourth legislative day.
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Nelson; Netherton
Excused:
Nesiba
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1109 was so placed.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance requirements.
Was read the second time.
The question being "Shall HB 1002 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White;
Wiik; Youngberg
Nays:
Jensen (Phil); Nelson; Russell; Tapio
Excused:
Nesiba
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.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
licensing of wineries.
Was read the second time.
Sen. Jensen (Phil) moved that HB 1067 be amended as follows:
On page 1, line 11, of the House engrossed bill, delete "five" and insert "one".
Which motion lost.
The question being "Shall HB 1067 pass as amended?"
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Novstrup; Partridge; Peters; Rusch; Russell; Soholt;
Solano; Stalzer; Tapio; Tidemann; White; Wiik
Nays:
Jensen (Phil); Maher; Monroe; Nelson; Netherton; Otten (Ernie); Sutton; Youngberg
Excused:
Nesiba
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 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
verification of residency of petition circulators.
Was read the second time.
The question being "Shall HB 1196 pass as amended?"
And the roll being called:
Yeas 20, Nays 13, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Langer; Maher;
Monroe; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Stalzer; Tapio; Tidemann;
White; Youngberg
Nays:
Frerichs; Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Nelson; Rusch; Russell; Soholt;
Solano; Sutton
Excused:
Nesiba; Wiik
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 1215: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
reorganization of certain school districts with low enrollment.
Was read the second time.
The question being "Shall HB 1215 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Partridge; Rusch;
Russell; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Bolin; Jensen (Phil); Nelson; Otten (Ernie); Peters; Soholt
Excused:
Nesiba
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 1252: FOR AN ACT ENTITLED, An Act to prohibit certain government entities from
restricting the wearing of tribal regalia during certain events.
Was read the second time.
The question being "Shall HB 1252 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Nesiba
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 1297: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital
outlay obligations.
Was read the second time.
The question being "Shall HB 1297 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Frerichs
Excused:
Nesiba
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 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access
to public water.
Was read the second time.
The question being "Shall HB 1140 pass as amended?"
And the roll being called:
Yeas 23, Nays 10, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Greenfield (Brock); Haverly; Kennedy; Klumb; Langer;
Maher; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Ewing; Frerichs; Heinert; Jensen (Phil); Killer; Kolbeck; Monroe; Nelson; Russell; Sutton
Excused:
Nesiba; Novstrup
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 1162: FOR AN ACT ENTITLED, An Act to provide for the placement of a proposed
constitutional amendment on the ballot at a special election held at the same time as the next
primary election, to make an appropriation therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1162 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer;
Maher; Monroe; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer;
Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Russell; Sutton
Excused:
Nesiba; Novstrup
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 1313: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
licensing of distillers and cider manufacturers.
Was read the second time.
The question being "Shall HB 1313 pass as amended?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Otten (Ernie);
Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White;
Wiik; Youngberg
Nays:
Nelson
Excused:
Curd; Nesiba; Novstrup
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Wiik moved that the title to HB 1313 be amended as follows:
On page 1, line 2, of the Senate Commerce and Energy Committee engrossed bill, delete
"distillers and cider" and insert "certain alcoholic beverage".
Which motion prevailed and the title was so amended.
HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
forensic medical examinations for victims of rape or sexual offense.
Was read the second time.
The question being "Shall HB 1126 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Nesiba; Novstrup
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 1170: FOR AN ACT ENTITLED, An Act to revise law on notarial acts.
Was read the second time.
Sen. Frerichs moved that HB 1170 be laid on the table.
The question being on Sen. Frerichs' motion that HB 1170 be laid on the table.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Nesiba; Novstrup
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
meetings of certain public bodies.
Was read the second time.
Sen. Greenfield (Brock) moved that HB 1172 be amended as follows:
On page 2, line 14, of the House State Affairs Committee engrossed bill, delete everything
after "." .
On page 2, delete lines 15 and 16.
On page 2, line 17, delete everything before "For" .
On page 2, between lines 21 and 22, insert:
"
The chair of the public body shall reserve at every official meeting by the public body a
period for public comment, limited at the chair's discretion, but not so limited as to provide for
no public comment.".
Which motion prevailed.
The question being "Shall HB 1172 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Bolin; Cronin; Curd; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer;
Klumb; Langer; Maher; Nelson; Netherton; Partridge; Rusch; Russell; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Cammack; Ewing; Haverly; Kolbeck; Monroe; Otten (Ernie); Peters; Soholt; Solano
Excused:
Nesiba; Novstrup
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 1257: FOR AN ACT ENTITLED, An Act to designate certain highways by townships
and counties as no maintenance highways.
Was read the second time.
The question being "Shall HB 1257 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Nesiba; Novstrup
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 1109: FOR AN ACT ENTITLED, An Act to provide for parole eligibility and early
final discharge for certain inmates.
Was read the second time.
Sen. Peters moved that HB 1109 be amended as follows:
On page 1, line 10, of the Senate Judiciary Committee engrossed bill, delete "Class" and
insert "Class 3 felony".
On page 1, delete line 11, and insert "or below and whose medical care needs are at least
double the average annual medical cost".
On page 2, line 6, delete everything after "provider" and insert "or the warden".
On page 2, line 7, delete everything before "." .
On page 3, line 2, delete "and".
On page 3, line 4, after "death" insert "; and
(12) The ability to adequately monitor the inmate, after release, to ensure public safety".
Which motion prevailed.
The question being "Shall HB 1109 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen
(Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie);
Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Nays:
Nelson; Netherton; Russell
Excused:
Nesiba
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Peters moved that the title to HB 1109 be amended as follows:
On page 1, line 1, of the Senate Judiciary Committee engrossed bill, delete "and early final
discharge".
Which motion prevailed and the title was so amended.
HB 1264: FOR AN ACT ENTITLED, An Act to authorize the construction of the
precision agriculture building and certain renovations at South Dakota State University, to make
an appropriation therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1264 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Jensen (Phil); Nelson; Russell
Excused:
Nesiba
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.
HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to the Constitution of the State of South Dakota, relating to
amendments to the Constitution.
Was read the second time.
Sen. Curd moved that HJR 1006 be amended as follows:
On page 2, line 8, of the House State Affairs Committee engrossed resolution, delete ",
however" and insert "; however,".
Which motion prevailed.
The question being "Shall HJR 1006 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck;
Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch;
Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Bolin; Frerichs; Heinert; Kennedy; Killer; Sutton
Excused:
Nesiba
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
HB 1160: FOR AN ACT ENTITLED, An Act to transfer victim services from the
Department of Social Services to the Department of Public Safety, to increase a surcharge to
increase revenues to the crime victims' compensation fund, and to revise certain provisions
regarding the awarding of claims from the fund.
Was read the second time.
The question being "Shall HB 1160 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Partridge; Peters;
Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Nelson; Otten (Ernie)
Excused:
Curd; Nesiba
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 1286: FOR AN ACT ENTITLED, An Act to authorize certain political parties to be
classified under alternative political status, to revise certain provisions regarding nominating
petitions, and to declare an emergency.
Was read the second time.
Sen. Greenfield (Brock) moved that HB 1286 be amended as follows:
On page 1, line 14, of the Senate State Affairs Committee engrossed bill, delete "lose its"
and insert "no longer be classified as".
On page 2, line 21, after "." insert "The candidate's nominating petition shall be
accompanied by a sworn affidavit signed by the candidate indicating the signature-collection
method the candidate used when collecting signatures on the petition. The form of the affidavit
may be prescribed by the State Board of Elections.".
On page 3, line 10, before "
If" insert "
The candidate's nominating petition shall be
accompanied by a sworn affidavit signed by the candidate indicating the signature-collection
method the candidate used when collecting signatures on the petition. The form of the affidavit
may be prescribed by the State Board of Elections.".
On page 9, line 9, after "." insert "The candidate's certificate of nomination shall be
accompanied by a sworn affidavit signed by the candidate indicating the signature-collection
method the candidate used when collecting signatures on the certificate of nomination. The
form of the affidavit may be prescribed by the State Board of Elections.".
Sen. Nelson moved that HB 1286 be amended as follows:
On the Senate State Affairs Committee engrossed bill, delete all amendments, thus
restoring the bill to the printed version.
Which motion lost.
The question being "Shall HB 1286 pass as amended?"
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb;
Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Partridge; Rusch; Russell;
Soholt; Solano; Stalzer; Tapio; Tidemann; Wiik; Youngberg
Nays:
Frerichs; Heinert; Kennedy; Killer; Otten (Ernie); Peters; Sutton; White
Excused:
Nesiba
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 1311: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
legislator salaries.
Was read the second time.
The question being "Shall HB 1311 pass as amended?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Jensen (Phil);
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie);
Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg
Nays:
Heinert; Kennedy; Nelson; Russell; Sutton; Tapio
Excused:
Nesiba
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 1304: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
challenges to petition signatures.
Was read the second time.
The question being "Shall HB 1304 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Jensen (Phil);
Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie);
Partridge; Peters; Rusch; Russell; Soholt; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Heinert; Kennedy; Killer; Solano; Sutton
Excused:
Nesiba
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 1318: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Health and
Educational Facilities Authority to transfer or grant excess reserves to any South Dakota
governmental entity.
Was read the second time.
The question being "Shall HB 1318 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer;
Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Rusch; Russell; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Cronin; Curd; Haverly; Nelson; Partridge; Peters; Soholt; Solano; Stalzer
Excused:
Nesiba; Otten (Ernie)
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 1234: FOR AN ACT ENTITLED, An Act to provide for certain requirements prior to
construction of wind energy facilities.
Was read the second time.
The question being "Shall HB 1234 pass as amended?"
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Jensen (Phil); Killer; Maher; Monroe; Nelson; Russell; Sutton; Tapio
Nays:
Cammack; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Kolbeck;
Langer; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer;
Tidemann; White; Wiik; Youngberg
Excused:
Nesiba
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1045: FOR AN ACT ENTITLED, An Act to transfer funds from the budget reserve
fund to support state aid to education and to declare an emergency.
Was read the second time.
Sen. Tidemann moved that HB 1045 be amended as follows:
On page 1, line 4, of the printed bill, delete "seven million two hundred ten" and insert "six
million two hundred ten thousand five hundred ninety-three dollars ($6,210,593)".
On page 1, line 5, delete everything before "from" .
Which motion prevailed.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Jensen (Phil); Nelson; Russell
Excused:
Nesiba
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 1192: FOR AN ACT ENTITLED, An Act to revise certain programs and promote
efficiency in state government and to make an appropriation therefor.
Was read the second time.
Sen. Wiik moved that HB 1192 be laid on the table.
The question being on Sen. Wiik's motion that HB 1192 be laid on the table.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Stalzer; Tapio; Tidemann; White;
Wiik; Youngberg
Nays:
Solano
Excused:
Curd; Nesiba; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Netherton moved that the Senate do now adjourn, which motion prevailed and at
5:47 p.m. the Senate adjourned.
Kay Johnson, Secretary