The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of
Allegiance led by Senate page Caroline Moriarty.
Roll Call: All members present except Sens. Curd and Tapio 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 sixth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
January 18, 2017
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
RE: Myron L. Rau/ Board of Pardons and Parole Attorney General Appointment
Dear President and Members of the Senate:
Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Myron L. Rau to
the South Dakota Board of Pardons and Parole.
Enclosed is a copy of the following:
1. The Statement of Financial Interest
2. Senate Confirmation Information
3. Oath
4. The January 10, 2017, letter of appointment
This appointment is effective January 17, 2017, and shall continue until January 18, 2021.
Sincerely,
Marty J. Jackley
Attorney General
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Robert Faehn of Codington County, Watertown, South Dakota,
to the South Dakota Lottery Commission and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Dave Mickelson of Minnehaha County, Sioux Falls,
South Dakota, to the South Dakota Lottery Commission 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 Commerce and Energy respectfully reports that it has had under
consideration the nomination of Reed Kessler of Brown County, Aberdeen, South Dakota, to
the Board of Economic Development and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment, and that said appointment
be placed on the consent calendar
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Joseph F. Kafka of Minnehaha County, Valley Springs,
South Dakota, to the South Dakota Lottery Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Tom Jones of Turner County, Viborg, South Dakota, to the
Board of Economic Development and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Sharon L. Casey of Brule County, Chamberlain, South Dakota,
to the Board of Economic Development 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
The Committee on Judiciary respectfully reports that it has had under consideration SB 24
and 27 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 26
and 29 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Paige W. Bock, to the South Dakota Board of Pardons and Parole and returns the
same with the recommendation that the Senate advise and consent to the confirmation of said
appointment, and that said appointment be placed on the consent calendar
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Brian Zeeb, to the South Dakota Interstate Commission for Adult Offender
Supervision 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
The Committee on Education respectfully reports that it has had under consideration SB 30
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 31
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
I have the honor to transmit herewith HB 1022, 1025, 1028, 1033, and 1041 which have
passed the House and your favorable consideration is respectfully requested.
Sen. Soholt moved that SB 43 be referred from the Committee on Health and Human
Services to the Joint Committee on Appropriations
Which motion prevailed.
Sen. Maher moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on
Friday, January 20th, the 8th legislative day.
Which motion prevailed.
Sen. Maher moved that the report of the Select Committee relative to the senate rules for
the Ninety-second Legislative Session as found on page 122 of the Senate Journal be adopted.
The question being on Sen. Maher's motion that the report of the Select Committee
relative to the senate rules for the Ninety-second Legislative Session be adopted.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann;
White; Wiik; Youngberg
Excused:
Curd; Tapio
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Maher moved that the reports of the Standing Committee on
Health and Human Services on SB 1 as found on page 121 of the Senate Journal be
adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Scott Stern to
the position of Commissioner of the Governor's Office of Economic Development.
The question being Does the Senate advise and consent to the executive appointment of
Scott Stern pursuant to the executive message as found on page 54 of the Senate Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
The question being Does the Senate advise and consent to the executive appointment of
Steven R. Kalkman pursuant to the executive message as found on page 36 of the
Senate Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
SB 63 Introduced by: Senator White and Representative Haggar at the request of the
Executive Board of the Legislative Research Council
FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund and
deposit fees to the general fund.
Was read the first time and referred to the Senate Committee on Appropriations
SB 64 Introduced by: Senators Rusch, Bolin, Ewing, Frerichs, Kennedy, Maher, Netherton,
Partridge, Solano, and Wiik and Representatives Ring, Duvall, Haugaard, Hawley, McCleerey,
Rasmussen, Reed, Tieszen, Wismer, and York
FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment for water
development district directors.
Was read the first time and referred to the Committee on Local Government.
HB 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
relating to education service agencies.
Was read the first time and referred to the Committee on Education.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
background checks for applicants, licensees, vendors, and employees of the South Dakota
Lottery.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
interception of certain communications.
Was read the first time and referred to the Committee on Judiciary.
HB 1033: FOR AN ACT ENTITLED, An Act to authorize criminal background checks
for certain executive branch employees and state contractors and subcontractors.
Was read the first time and referred to the Committee on Judiciary.
HB 1041: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substance schedules and to declare an emergency.
Was read the first time and referred to the Committee on Judiciary.
The Senate proceeded to the consideration of the executive reappointment of
Patricia Lebrun of Pennington County, Rapid City, South Dakota , to the South Dakota Science
and Technology Authority.
The question being Does the Senate advise and consent to the executive reappointment
of Patricia Lebrun pursuant to the executive message as found on page 30 of the
Senate Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Tapio
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
Paul R. Christen of Beadle County, Huron, South Dakota , to the South Dakota Science and
Technology Authority.
The question being Does the Senate advise and consent to the executive reappointment
of Paul R. Christen pursuant to the executive message as found on page 30 of the
Senate Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the reappointment confirmed.
SB 39: FOR AN ACT ENTITLED, An Act to allow owners to affix vehicle identification
numbers on certain trailers.
Was read the second time.
The question being Shall SB 39 pass?
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
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.
SB 41: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license
reinstatement requirements.
Was read the second time.
The question being Shall SB 41 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
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.
SB 45: FOR AN ACT ENTITLED, An Act to remove an outdated reference from the
definition of an accredited prevention or treatment facility.
Was read the second time.
The question being Shall SB 45 pass?
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
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.
President Pro Tempore Greenfield now presiding.
SB 22: FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems
from the requirement to be registered as aircraft.
Was read the second time.
The question being Shall SB 22 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
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.
Was read the second time.
The question being Shall SB 40 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Tapio
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.
SB 23: FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation
Commission to make loans from the state highway fund to local governments for highway and
bridge construction and maintenance purposes.
Was read the second time.
The question being Shall SB 23 pass?
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann;
White; Wiik; Youngberg
Nays:
Nelson
Excused:
Curd; Tapio
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions related to securities
held as unclaimed property and to declare an emergency.
Was read the second time.
The question being Shall SB 34 pass?
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White;
Wiik; Youngberg
Nays:
Nelson; Russell
Excused:
Curd; Tapio
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.
Sen. Maher moved that the balance of the calendar including SB 4 and 44 be deferred to
January 20th, the 8th legislative day.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mike Jaspers of Minnehaha County, Sioux Falls,
South Dakota, to the position of Secretary of Agriculture 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 SB 9 and 10 which were deferred to the 41st Legislative Day.
Sen. Bolin moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m.
the Senate adjourned.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of sixteen former members of the South Dakota Legislature, namely: the Honorable
Ervin H. Bader; the Honorable Mary McClure Bibby; the Honorable Roland A. Chicoine; the
Honorable Dan Dryden; the Honorable James B. "Jim" Dunn; the Honorable Robert Duxbury;
the Honorable Elaine Elliott; the Honorable Lowdon Heller; the Honorable
William J. "Bill" Johnson; the Honorable Jacob J. "Jake" Krull; the Honorable Glen McVay;
the Honorable Dean O. Mehlhaff; the Honorable William "Bill" Meyers; the Honorable
Robert "Bob" Roe; the Honorable Bob Sivertson; and the Honorable Richard "Dick" Waddell;
and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can
self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota
duly convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2017, at Pierre, South Dakota.