The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance
led by Senate pages Kallie Carey and Zachary Renshaw.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the Twenty-eighth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 25, 2016, I approved Senate Bills 27 and
28, and the same have been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 8, 33, 39, 52, 57, 114, and 120 and finds the same
correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 38 was delivered to
his Excellency, the Governor, for his approval at 10:47 a.m., February 29, 2016.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1188 and 1230 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1177 and 1204 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1051 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1143, 1144, and 1145 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1214 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 State Affairs respectfully reports that it has had under consideration
HB 1140 and returns the same with the recommendation that said bill be amended as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1238 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1079 and 1157 and returns the same with the recommendation that said bills
do pass.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 49 and returns the same with the recommendation that said bill be amended
as follows:
" Section 1. That the code be amended by adding a NEW SECTION to read:
47-34A-212. The secretary of state shall charge and collect for:
1-8-12. The secretary of state shall charge a fee of fifty dollars for any expedited service.
Expedited service is defined as completion sooner than the normal course of business upon
request. The office shall deposit any revenue from this fee into the financing statement and
annual report filing fee fund. ".
" Section 9. That § 37-11-1 be amended to read:
37-11-1. Any person regularly engaging in or conducting a business in this state shall file
a fictitious name statement unless one of the following apply:
37-11-2. A verified statement as described in § 37-11-1 shall be similarly filed upon any
change of twenty-five percent or more of the ownership interest in the business. A fee of ten
dollars shall be paid with each filing under this section. The fee shall be retained by the filing
office receiving the filing deposited into the financing statement and annual report filing fee
fund.
Section 11. All fees collected by the secretary of state that are not specifically dedicated to
the financing and annual report filing fee fund or for administering the concealed carry program
pursuant to § 23-7-53 or for administering any concealed carry programs enacted by the
Legislature after 2015, shall be deposited in the state general fund.
Section 12. That § 57A-9-525 be amended to read:
57A-9-525. (a) Except as otherwise provided in subsection (e), the fee for filing and
indexing a record under this part, other than an initial financing statement of the kind described
in subsection (b), is the amount specified in subsection (c), if applicable, plus:
(c) Except as otherwise provided in subsection (e), the fee for filing, whether communicated
in writing, electronically, or another medium authorized by filing-office rule, and indexing an
initial financing statement of the following kind is the amount specified in subsection (c), if
applicable, plus:
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 67 and returns the same with the recommendation that said bill be amended
as follows:
" Section 1. That § 13-55A-14 be amended to read:
13-55A-14. There is hereby created in the education enhancement trust fund the South
Dakota need-based postsecondary scholarship grant fund for the purpose of providing grants and
scholarships through the Board of Regents pursuant to this chapter to qualified students for the
need-based grant program pursuant to chapter 13-55A and the critical teaching needs
scholarship program pursuant to §§ 13-55-64 to 13-55-71, inclusive. Any contributions into the
education enhancement trust fund not designated for any other purpose shall be allocated to the
need-based postsecondary scholarship grant fund. All distributions from the South Dakota need-
based postsecondary scholarship grant fund are subject to transfer to the general fund and
expenditure of all distributions shall be by an appropriation by the Legislature through the
General Appropriations Act or special appropriations acts for the need-based postsecondary
scholarship grant programs consistent with the provision of S.D. Const., Art. XII,§ 6, and § 4-5-29.2. The board may accept any gifts, contributions, or funds obtained from any other source
for the purpose of carrying out the provisions of this section. For each fiscal year, the board may
determine the amounts awarded for each scholarship grant program and shall award all available
funds from the postsecondary scholarship grant fund annual transfer pursuant to § 4-5-29.2.
Section 2. That § 4-5-29.2 be amended to read:
4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine
the market value of the education enhancement trust fund as of December 31, 2003, and each
calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state
investment officer shall calculate an amount equal to four percent of that market value, without
invading principal, as eligible for distribution. For the purpose of this section, the term,
principal, means the sum of all contributions to the fund. Beginning with the distribution in
fiscal year 2008, the market value shall be determined by adding the market value of the trust
fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and
dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state
treasurer shall transfer the amount from the education enhancement trust fund to the state
general fund as soon as practicable after July first of the next fiscal year. For fiscal year 2017,
the portion of the transfer to the general fund for the postsecondary scholarship grant programs
shall be $126,707.35. Beginning in fiscal year 2015 2018, the portion of the transfer to the
general fund for the need-based matching program postsecondary scholarship grant programs,
shall be calculated by the state investment officer based on the relative share of the contributions
made to the need-based postsecondary scholarship grant fund created pursuant to § 13-55A-14
to the most recently calculated total fair value of the education enhancement fund including the
contribution. The calculation shall be updated monthly to reflect any additional contributions
to the education enhancement trust fund and the portion of the transfer to the general fund for
the need-based matching program postsecondary scholarship grant programs shall be based on
the average of the monthly calculation as of December thirty-first, using the months available
for the first forty-eight months and then the most recent forty-eight calendar months thereafter.
Section 3. The state treasurer shall transfer the original contribution of one million five
hundred thousand dollars from the critical teaching needs scholarship fund pursuant to § 13-55-64 and one million five hundred thousand dollars from the need-based grant fund created
pursuant to § 13-55A-14 into the postsecondary scholarship grant fund. The state investment
officer shall calculate the fair value of the transfer amounts for purposes of the monthly
calculations per § 4-5-29.2 using the most recent monthly calculation applied to the most
recently calculated total fair value of the education enhancement trust fund.".
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 46 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 87 and 88 which were tabled.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 161 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HCR 1015 and 1017 which have been adopted by the
House and your concurrence is respectfully requested.
I have the honor to return herewith SB 8, 33, 39, 52, 57, 114, and 120 which have passed
the House without change.
HCR 1007: A CONCURRENT RESOLUTION, Requiring the use of sound science in
evaluating crop protection chemistries and nutrients.
Which motion prevailed.
The question being on Sen. Cammack's motion that HCR 1007 be concurred in as
amended.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; White
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1007 was concurred in as amended.
HCR 1015: A CONCURRENT RESOLUTION, Commending Taiwan's presidential
election; supporting Taiwan's efforts to secure entry to the Trans-Pacific Partnership (TPP) and
the signing of the Free Trade Agreement (FTA) and the Bilateral Investment Agreement (BIA)
with the United States; and reaffirming support for increasing Taiwan's international profile and
for strengthening and expanding sister-state ties between South Dakota and Taiwan.
Was read the first time, the President waived the referral to committee, and placed
HCR 1015 on the calendar of Tuesday, March 1st, the 30th legislative day.
HCR 1017: A CONCURRENT RESOLUTION, Commending the nation of Israel for its
cordial and mutually beneficial relationship with the United States and with the State of South
Dakota.
Was read the first time, the President waived the referral to committee, and placed
HCR 1017 on the calendar of Tuesday, March 1st, the 30th legislative day.
Sen. Brown moved that HB 1182 be placed to follow HB 1005 on today's calendar.
Which motion prevailed.
Sen. Brown moved that the reports of the Standing Committees on
Joint Committee on Appropriations on SB 96 as found on page 447; also
Joint Committee on Appropriations on SB 47 as found on page 448 of the Senate Journal
be adopted.
Which motion prevailed.
HB 1163: FOR AN ACT ENTITLED, An Act to revise the periods of time during which
veterans may use tuition benefits at institutions under the control of the Board of Regents.
Was read the second time.
The question being "Shall HB 1163 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1141: FOR AN ACT ENTITLED, An Act to license persons offering applied behavior
analysis services to the public.
Was read the second time.
Which motion prevailed.
The question being "Shall HB 1141 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1080: FOR AN ACT ENTITLED, An Act to make an appropriation and to transfer
certain money to the Bureau of Administration to fund a design study for a potential expansion
and upgrade to the State Animal Disease Research and Diagnostic Laboratory and to declare an
emergency.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1213: FOR AN ACT ENTITLED, An Act to create the new frontiers program to
support innovative research by South Dakota companies.
Was read the second time.
The question being "Shall HB 1213 pass?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna);
Haverly; Heineman (Phyllis); Holien; Monroe; Novstrup (David); Olson; Omdahl; Otten
(Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano;
Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie); Jensen (Phil); Sutton
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 1189: FOR AN ACT ENTITLED, An Act to provide for the inspection and review of
a state-mandated academic achievement test taken by a student.
Was read the second time.
The question being "Shall HB 1189 pass as amended?"
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Jensen (Phil); Monroe;
Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg;
Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Hunhoff (Bernie)
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 1201: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2016, make an appropriation for teen court programs in South Dakota, and to
declare an emergency.
Was read the second time.
The question being "Shall HB 1201 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters;
Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; White
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1187: FOR AN ACT ENTITLED, An Act to allow the Office of the Secretary of State
to refuse to file certain documents.
Was read the second time.
The question being "Shall HB 1187 pass?"
And the roll being called:
Yeas:
Brown; Cammack; Ewing; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie);
Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Van
Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Curd; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Sutton
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 1120: FOR AN ACT ENTITLED, An Act to revise the definition of agricultural
purposes used for the administration of the sales tax.
Was read the second time.
The question being "Shall HB 1120 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peterson
(Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Nays:
Peters; Sutton
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 1136: FOR AN ACT ENTITLED, An Act to eliminate the Council on Higher
Education Policy Goals, Performance, and Accountability and to transfer its functions to the
Legislative Planning Committee.
Was read the second time.
The question being "Shall HB 1136 pass as amended?"
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna);
Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Monroe; Novstrup (David);
Olson; Otten (Ernie); Parsley; Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; White
Nays:
Greenfield (Brock); Jensen (Phil); Omdahl; Peters; Peterson (Jim)
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Brown moved that HB 1005 and 1182 be deferred to Tuesday, March 1st, the 30th
legislative day.
Which motion prevailed.
The President publicly read the title to
SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
background investigations for prospective employees of the postsecondary technical institutes
and to transfer certain funds regarding postsecondary technical credentialing.
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical
testing and revocations of driver licenses for persons under the age of twenty-one.
SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fees for
sponsored captive insurance companies.
SB 52: FOR AN ACT ENTITLED, An Act to establish procedures for reporting federal
tax changes for purposes of the bank franchise tax.
SB 57: FOR AN ACT ENTITLED, An Act to redefine the term, written agreement,
relating to contracts between a debtor and creditor.
SB 114: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs
related to the commissioning of the USS South Dakota and to declare an emergency.
HB 1004: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain
statutes regarding counties.
HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions related to genetic
counselor licensure.
HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
annual conference between county commissioners and the director of equalization.
And signed the same in the presence of the Senate.
Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at
3:28 p.m. the Senate adjourned.