SD Legislature Logo
Site Search:   
2015 Bill Quickfind:   



Members Calendars Journals Agendas

Senate Journals

Printer Friendly

Senate Journal 3/5/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION




THIRTY-SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 5, 2015

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge of Allegiance led by Senate page Erika Wounded Knee.

    Roll Call: All members present except Sen. Otten (Ernie) 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-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.

Respectfully submitted,
Corey Brown, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25, 26, 27, 58, 82, 86, 110, 124, 153, 177, and 182 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 5, 56, 78, 87, and 88 were delivered to his Excellency, the Governor, for his approval at 10:08 a.m., March 5, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Kelly Hepler of Hughes County, Pierre, South Dakota, to the Secretary of the Department of Game, Fish and Parks and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Steve Pirner of Hughes County, Pierre, South Dakota, to the Secretary of the Department of Environment and Natural Resources 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.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1118 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 Education respectfully reports that it has had under consideration HB 1218 which was tabled.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1161 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HJR 1002 and HB 1215 and 1225 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1143 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 Judiciary respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill be amended as follows:

1231rta

    On page 1, line 2, of the House engrossed bill, delete "prostitution or".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be amended as follows:


1140rb

    On the House Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Trevor Jones of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Dennis Kaemingk of Davison County, Mitchell, South Dakota, to the position of Secretary of the Department of Corrections and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1107, 1209, and 1235 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
R. Blake Curd, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 60 and 168 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 25, 26, 27, 58, 82, 86, 110, 124, 153, 177, and 182 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 6 in which the House has concurred.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Tieszen moved that the Senate do concur in House amendments to SB 48.

    The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 48.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

    Sen. Soholt moved that the Senate do concur in House amendments to SB 43.

    The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 43.


    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

    Sen. Rave moved that HB 1190, 1191, 1147, 1020, 1169, 1170, 1171, 1049, and 1047 be placed to follow HB 1128 on today's calendar.

    Which motion prevailed.

    Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, March 6, the 33rd legislative day.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Kimberley Malsam-Rysdon of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Health.

    The question being "Does the Senate advise and consent to the executive appointment of Kimberley Malsam-Rysdon pursuant to the executive message as found on page 460 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Andy Gerlach of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Revenue.

    The question being "Does the Senate advise and consent to the executive reappointment of Andy Gerlach pursuant to the executive message as found on page 427 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS CONSENT CALENDAR

    The Senate proceeded to the consideration of the executive appointment of Jeffery D. Burket of Lawrence County, Spearfish, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive appointment of Jeffery D. Burket pursuant to the executive message as found on page 403 of the Senate Journal?"



    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Jerry Cope of Pennington County, Rapid City, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive appointment of Jerry Cope pursuant to the executive message as found on page 524 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Harlan J. Quenzer of Davison County, Mitchell, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive appointment of Harlan J. Quenzer pursuant to the executive message as found on page 386 of the Senate Journal?"



    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Laurie Gill of Hughes County, Pierre, South Dakota, as the Commissioner of Human Resources.

    The question being "Does the Senate advise and consent to the executive appointment of Laurie Gill pursuant to the executive message as found on page 429 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Gloria Pearson of Yankton County, Yankton, South Dakota, as the Secretary of the Department of Human Services.


    The question being "Does the Senate advise and consent to the executive reappointment of Gloria Pearson pursuant to the executive message as found on page 429 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Lynne Valenti of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Social Services.

    The question being "Does the Senate advise and consent to the executive reappointment of Lynne Valenti pursuant to the executive message as found on page 462 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Todd Yeaton of Brule County, Kimball, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive reappointment of Todd Yeaton pursuant to the executive message as found on page 386 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Carl Anderson of Brown County, Aberdeen, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive reappointment of Carl Anderson pursuant to the executive message as found on page 524 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Sheldon Cotton of Brookings County, Volga, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive reappointment of Sheldon Cotton pursuant to the executive message as found on page 387 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Gary Doering of Beadle County, Cavour, South Dakota, to the S.D. State Railroad Board.

    The question being "Does the Senate advise and consent to the executive reappointment of Gary Doering pursuant to the executive message as found on page 502 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Major General Timothy A. Reisch of Miner County, Howard, South Dakota, as the Adjutant General.

    The question being "Does the Senate advise and consent to the executive reappointment of Major General Timothy A. Reisch pursuant to the executive message as found on page 426 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 Larry Zimmerman of Pennington County, Rapid City, South Dakota, as the Secretary of the Department of Veterans Affairs.

    The question being "Does the Senate advise and consent to the executive reappointment of Larry Zimmerman pursuant to the executive message as found on page 428 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)


    So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1194: FOR AN ACT ENTITLED, An Act to set a minimum size for a sign about zoning changes or conditional use permits.

    Was read the second time.

    The question being "Shall HB 1194 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.

    Was read the second time.

    The question being "Shall HB 1103 pass as amended?"

    And the roll being called:

    Yeas 9, Nays 25, Excused 1, Absent 0


    Yeas:
Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Lederman; Novstrup (David); Rusch; Sutton; White

    Nays:
Bradford; Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle

    Excused:
Otten (Ernie)

    So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

    HB 1021: FOR AN ACT ENTITLED, An Act to repeal the authorization for the South Dakota School of Mines and Technology research center project and to authorize the South Dakota Building Authority to issue bonds to finance a portion of the maintenance and repair of the South Dakota School of Mines and Technology chemistry/chemical engineering renovation project.

    Was read the second time.

    The question being "Shall HB 1021 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 1022: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.


    Was read the second time.

    The question being "Shall HB 1022 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Otten (Ernie)

    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 1179: FOR AN ACT ENTITLED, An Act to revise the definition of a veteran.

    Was read the second time.

1179ja

    Sen. Van Gerpen moved that HB 1179 be amended as follows:

    On page 1, line 4, of the printed bill, after "privileges," insert "ceremonial recognition,".

    On page 1, after line 12, insert:

    "For purposes of this section, the term, benefits, includes veterans designation on a driver license or identification card, veterans license plates, veterans job preference, and burial benefits pursuant to §§ 33A-5-2 and 33A-5-3."


    Which motion prevailed.

    The question being "Shall HB 1179 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Cammack; Olson

    Excused:
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.

    HJR 1005: A JOINT RESOLUTION, Designating Oglala Lakota County as the new name of Shannon County.

    Was read the second time.

    The question being "Shall HJR 1005 pass?"

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Ewing; Omdahl

    Excused:
Otten (Ernie)

    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 1176: FOR AN ACT ENTITLED, An Act to authorize a person to be on the general election ballot for president or vice president and another office.

    Was read the second time.


    The question being "Shall HB 1176 pass?"

    And the roll being called:

    Yeas 24, Nays 9, Excused 2, Absent 0

    Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Lederman; Novstrup (David); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Bradford; Ewing; Greenfield (Brock); Jensen (Phil); Monroe; Olson; Omdahl; Rusch; Van Gerpen

    Excused:
Otten (Ernie); 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 1059: FOR AN ACT ENTITLED, An Act to allow authorized entities to access immunization information in certain circumstances.

    Was read the second time.

1059ra

    Sen. Jensen (Phil) moved that HB 1059 be amended as follows:

    On page 1, line 10, of the House engrossed bill, delete "verbally notify" and insert "provide notice in any written form to".

    Which motion prevailed.

    The question being "Shall HB 1059 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

    Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White



    Nays:
Bradford; Greenfield (Brock); Haggar (Jenna)

    Excused:
Holien; 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 1128: FOR AN ACT ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or separation of owners.

1128rb

    Sen. Rusch moved that HB 1128 be amended as follows:

    On page 2 of the House engrossed bill, delete lines 21 to 24, inclusive.

    On page 3, delete lines 1 to 11, inclusive, and insert:

    Section 5. That § 43-45-2 be amended to read as follows:

    43-45-2. The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law:

            (1)    All family pictures;
            (2)    A pew or other sitting in any house of worship;
            (3)    A lot or lots in any burial ground;
            (4)    The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;
            (5)    All wearing apparel and clothing of the debtor and his family;
            (6)    The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;
            (7)    All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;
            (8)    Any health aids professionally prescribed to the debtor or to a dependant of the debtor;
            (9)    Any court ordered domestic support award of alimony, maintenance, or support of the debtor which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month;
            (10)    Each debtor may keep an interest in a motor vehicle in an amount of two thousand five hundred dollars, if used primarily for daily transportation. For purposes of this chapter, motor vehicles are limited to vehicles used in the ordinary course of affairs of the debtor or a dependent of the debtor and excludes recreational vehicles such as boats, jet skis, snowmobiles, ATVs not used in the debtor's work or business, or other recreational vehicles.

    Section 6. That § 43-45-3 be amended to read as follows:

    43-45-3. A homestead:

            (1)    As defined and limited in chapter 43-31, is absolutely exempt; or
            (2)    In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the sum of sixty thousand dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by the owner. Such exemption shall be limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a homestead;
            (3)    If the homestead is divided by court order pursuant to § 25-4-44 and a lien is imposed on the homestead for the benefit of the non-occupant spouse pursuant to § 25-4-42, absence from the homestead and loss of title of the homestead pursuant to the court order does not constitute forfeiture of the non-occupant spouses's share of the proceeds of sale of the homestead, if any. Nothing in this subdivision expands the monetary limits on the entirety of the sale proceeds of the homestead in subdivision (2). ".

    Which motion lost.

    The question being "Shall HB 1128 pass as amended?"

    And the roll being called:

    Yeas 22, Nays 11, Excused 2, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Olson; Omdahl; Parsley; Peterson (Jim); Rampelberg; Rusch; Soholt; Solano; Sutton; Tieszen

    Nays:
Brown; Cammack; Curd; Ewing; Novstrup (David); Peters; Rave; Tidemann; Van Gerpen; Vehle; White

    Excused:
Holien; 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.

    Sen. Rave moved that HB 1190, 1191, 1147, 1020, 1169, 1170, 1171, 1049, and 1047 be deferred to Friday, March 6, the 33rd legislative day.


    Which motion prevailed.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 111 was lost on second reading and final passage.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

    SB 25: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station.

    SB 26: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish the veterinary isolation building on the campus of South Dakota State University and to make an appropriation therefor.

    SB 27: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the replacement of the plant science research support facility on the campus of South Dakota State University and to make an appropriation therefor.

    SB 58: FOR AN ACT ENTITLED, An Act to revise certain authority, monetary penalties, and hearing procedures of the South Dakota Commission on Gaming.

    SB 82: FOR AN ACT ENTITLED, An Act to update outdated language related to domestic abuse.

    SB 86: FOR AN ACT ENTITLED, An Act to place a term limit on the office of poet laureate.

    SB 110: FOR AN ACT ENTITLED, An Act to revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.


    SB 124: FOR AN ACT ENTITLED, An Act to revise the requirements for a petition for a minor boundary change.

    SB 153: FOR AN ACT ENTITLED, An Act to repeal the South Dakota certified site and technology park programs.

    SB 177: FOR AN ACT ENTITLED, An Act to establish a youth minimum wage.

    SB 182: FOR AN ACT ENTITLED, An Act to revise the rate of interest for late payment of certain taxes.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions related to social work licensure.

    HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of certain money lending activities.

    HB 1030: FOR AN ACT ENTITLED, An Act to provide certain restrictions regarding the passing of a bicycle.

    HB 1031: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding former state-owned rail lines.

    HB 1042: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to construct offices in Butte County and Roberts County, to make an appropriation therefor, and to declare an emergency.

    HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state hosting and employee reimbursement policies.

    HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contagious disease control quarantine measures.

    HB 1064: FOR AN ACT ENTITLED, An Act to prohibit unlawful self-dealing by state officers and employees.

    HB 1072: FOR AN ACT ENTITLED, An Act to provide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

    HB 1073: FOR AN ACT ENTITLED, An Act to require a sex offender to report a change in vehicle status to law enforcement.

    HB 1079: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

    HB 1124: FOR AN ACT ENTITLED, An Act to authorize motor vehicles to exceed the posted speed limit under certain conditions.



    HB 1130: FOR AN ACT ENTITLED, An Act to prohibit an abortion provider from accepting payment for an abortion prior to the end of the required informed consent period.

    HB 1139: FOR AN ACT ENTITLED, An Act to revise certain procedures for competitive sealed bids by public purchasing agencies.

    HB 1144: FOR AN ACT ENTITLED, An Act to repeal and revise certain unnecessary and outdated provisions related to state affairs and government.

    HB 1146: FOR AN ACT ENTITLED, An Act to limit who may request to see a person's hunting or fishing license.

    HB 1148: FOR AN ACT ENTITLED, An Act to require that the annual report of a school district contain certain information regarding school district fund balances.

    HB 1165: FOR AN ACT ENTITLED, An Act to revise the composition requirement of the Historic Preservation Commission.

    HB 1177: FOR AN ACT ENTITLED, An Act to remove certain exceptions to campaign finance report filings.

    HB 1236: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commissions received by insurance producers.

    And signed the same in the presence of the Senate.

    Sen. Heinert moved that the Senate do now adjourn, which motion prevailed and at 4:44 p.m. the Senate adjourned.

Kay Johnson, Secretary


^ Back to Top