The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of
Allegiance led by Senate page Abigail Simon.
Roll Call: All members present except Sens. Buhl O'Donnell, Ewing, Holien, and Otten
(Ernie) who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Brent E. Dykstra,
Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission.
This appointment is effective immediately, and shall continue until January 15, 2018.
January 21, 2015
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Dennis Neugebauer,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.
This appointment is effective immediately, and shall continue until January 21, 2019.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 3, 17, 43, 48, 50, 98, 101, 108, 119, 126, 159, 161,
172, and 173 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 24, 30, 37, 41, 45,
47, 49, 63, 81, 94, 113, 118, and 128 were delivered to his Excellency, the Governor, for his
approval at 10:30 a.m., March 6, 2015.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1015, 1041, and 1046 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1219 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. That § 59-11-24 be amended to read as follows:
59-11-24. Each filing entity or qualified foreign entity, except a bank organized pursuant
to § 51A-3-1.1 and a limited partnership organized pursuant to chapter 48-7, shall deliver to the
Office of the Secretary of State for filing an annual report that sets forth:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1153 which was deferred to the 41st Legislative Day.
I have the honor to return herewith SB 120 and 136 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 3, 17, 50, 98, 101, 108, 119, 126, 159, 161, 172, and
173 which have passed the House without change.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1026, 1027, 1055, 1079, 1122, 1130, 1146, 1148, and 1236.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1034 and 1050.
SENATE PAGE RESOLUTION 4 Introduced by: Senators Bradford; Brown; Buhl
O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield, Brock; Hagger, Jenna; Haverly;
Heineman, Phyllis; Heinert; Holien; Hunhoff, Bernie; Jensen, Phil; Lederman; Monroe;
Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rampelberg;
Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninetieth
Legislature of the State of South Dakota to Allison Becker, Austin Bitterman, Grant Erwin,
Brittni Faddoul, Karissa Guthrie, Marcus Ireland, Blaze Jones, Emalee Larson, Bridget
Redder, Abigail Simon, Ethan Weinheimer, Erika Wounded Knee
WHEREAS, the above named served loyally as pages for the Senate of the Ninetieth
Legislative Session; and
WHEREAS, the members of the Ninetieth 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 Ninetieth 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. Haggar (Jenna) moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Haggar's (Jenna) motion that Senate Page Resolution 4 be
adopted.
And the roll being called:
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Novstrup (David) moved that the Senate do concur in House amendments to SB 168.
The question being on Sen. Novstrup's (David) motion that the Senate do concur in House
amendments to SB 168.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; Holien; 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 the reports of the Standing Committees on
Judiciary on HB 1140 as found on page 595 of the Senate Journal; also
Judiciary on HB 1231 as found on page 595 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Kelly Hepler
of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Game, Fish and
Parks.
The question being "Does the Senate advise and consent to the executive appointment of
Kelly Hepler pursuant to the executive message as found on page 556 of the Senate Journal?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; Holien; 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 Steve Pirner
of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Environment
and Natural Resources.
The question being "Does the Senate advise and consent to the executive reappointment
of Steve Pirner pursuant to the executive message as found on page 428 of the Senate Journal?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
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 Trevor Jones
of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Public Safety.
The question being "Does the Senate advise and consent to the executive reappointment
of Trevor Jones pursuant to the executive message as found on page 461 of the Senate Journal?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; Holien; 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 Dennis
Kaemingk of Davison County, Mitchell, South Dakota, as the Secretary of the Department of
Corrections.
The question being "Does the Senate advise and consent to the executive reappointment
of Dennis Kaemingk pursuant to the executive message as found on page 461 of the Senate
Journal?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1118: FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary
technical institutes.
Was read the second time.
The question being "Shall HB 1118 pass as amended?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; 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 1143: FOR AN ACT ENTITLED, An Act to increase the criminal violations that are
subject to protection orders.
Was read the second time.
The question being "Shall HB 1143 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Excused:
Buhl O'Donnell; Ewing; 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 1107: FOR AN ACT ENTITLED, An Act to revise the definition of certain alcoholic
beverages that are classified as cider.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; 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 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
changes in terms of credit card agreements.
Was read the second time.
The question being "Shall HB 1209 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Excused:
Buhl O'Donnell; Ewing; 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 1235: FOR AN ACT ENTITLED, An Act to update the valuation manual related to
the valuation of assets, liabilities, and reserves.
Was read the second time.
The question being "Shall HB 1235 pass as amended?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); 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
Excused:
Buhl O'Donnell; Ewing; 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 HJR 1002 and HB 1215, 1225, 1190, 1191, 1147, 1020, 1169, 1170,
1171, 1049, and 1047 be deferred to Monday, March 9, the 34th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 3: FOR AN ACT ENTITLED, An Act to provide for mediation of certain drainage
disputes.
SB 17: FOR AN ACT ENTITLED, An Act to revise the definition of motor vehicles that
are subject to the lemon law.
SB 43: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding lease
purchase agreement payments and to ratify certain lease purchase agreements with the Health
and Educational Facilities Authority.
SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
operation of personal watercraft.
SB 50: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority to provide for the construction, reconstruction, renovation, and modernization of state
park facilities and infrastructure at Custer State Park for the Department of Game, Fish and
Parks, to make an appropriation therefor, and to declare an emergency.
SB 98: FOR AN ACT ENTITLED, An Act to revise the provisions related to the financial
accountability system.
SB 101: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding
cancer treatment medication coverage by insurance companies.
SB 108: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
aggravated DUI's.
SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
abandoned mobile and manufactured homes.
SB 126: FOR AN ACT ENTITLED, An Act to revise certain publications date citations
for references to the International Building Code and International Property Maintenance Code.
SB 159: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches
from sales and use tax.
SB 161: FOR AN ACT ENTITLED, An Act to allow certain fireworks to be used all year.
SB 172: FOR AN ACT ENTITLED, An Act to strengthen the financial practices of the
State of South Dakota.
SB 173: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, to increase the authority of the South Dakota Board of Water and Natural Resources to
make consolidated water facilities construction program awards, and to declare an emergency.
HB 1082: FOR AN ACT ENTITLED, An Act to allow a law enforcement officer to issue
a citation without a notary.
HB 1122: FOR AN ACT ENTITLED, An Act to authorize township boards to designate
certain roads as no maintenance roads.
HB 1142: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
age requirements for sex offender registry registration.
HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
liability of parties involved in frivolous or malicious civil actions.
And signed the same in the presence of the Senate.
Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
1:58 p.m. the Senate adjourned.