JOURNAL OF THE SENATE
THIRTY-SEVENTH DAY
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate page Willa Stern.
Roll Call: All members present.
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the 36th 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,
Chris Karr, Chair
Which motion prevailed.
The President publicly read the title to
SB 68: FOR AN ACT ENTITLED, An Act to require an individual be a citizen of the United States before being eligible to vote and to provide a penalty therefor.
SB 91: FOR AN ACT ENTITLED, An Act to revise the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.
HB 1007: FOR AN ACT ENTITLED, An Act to prohibit use of the South Dakota public utilities commission gross receipts tax fund for reimbursement of costs incurred by the Public Utilities Commission.
HB 1062: FOR AN ACT ENTITLED, An Act to amend provisions pertaining to the maintenance and publication of the statewide voter registration file.
HB 1066: FOR AN ACT ENTITLED, An Act to revise residency requirements for the purposes of voter registration.
HB 1143: FOR AN ACT ENTITLED, An Act to require that the director of equalization adjust certain agricultural land values.
HB 1169: FOR AN ACT ENTITLED, An Act to modify the signature requirement for a petition to initiate a constitutional amendment.
HB 1208: FOR AN ACT ENTITLED, An Act to designate an individual using the address of a mail forwarding service or post office box when applying to register as a voter or vote by absentee ballot as a federal voter.
HB 1230: FOR AN ACT ENTITLED, An Act to revise a provision related to unauthorized distribution of fentanyl and provide a penalty therefor.
HB 1239: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the restriction of access to obscene materials in a public library or public school library.
HB 1245: FOR AN ACT ENTITLED, An Act to exempt from the state sales and use tax gross receipts for certain services to a partnership.
HB 1259: FOR AN ACT ENTITLED, An Act to prohibit unauthorized access to certain multi-occupancy rooms.
And signed the same in the presence of the Senate.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 11, 2025, I approved Senate Bills 8, 34, 37, 44, 46, 52, 79, 99, 123, 140, 154, 167, 170, and 219, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Larry Rhoden
Governor
Mr. President and Members of the Senate:
I have the honor to inform you that on March 12, 2025, I approved Senate Bills 15, 25, 58, 59, 60, 61, 62, 63, 66, 76, 77, 78, 80, 83, 110, 116, 135, 144, 145, 146, 155, 174, 179, and 193, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
Larry Rhoden
Governor
March 12, 2025
Lieutenant Governor Tonnis H. Venhuizen
President of the Senate
500 E. Capitol Ave. Pierre, SD 57501
Dear Lieutenant Governor Venhuizen,
I write to announce that I have signed Senate Bill 83. We all know someone – a friend, a loved one, or someone else in our lives – who struggles with chemical dependency. I respect the decision of the legislature to pass this bill, though legislators were narrowly divided on this issue. This was a difficult decision, and I see both sides of the debate. I do have concerns about the impact that this bill will have on public safety in South Dakota, and I recognize that law enforcement groups opposed it. We must find better ways to rehabilitate those who are stuck in addiction and chemical dependency. My signature today cannot be the end of the discussion.
We need all three branches of government – the legislature, the executive branch, and the judiciary – to continue working toward solutions. We must expand treatment opportunities for those with substance abuse disorder and make sure that the punishment fits the crime. The Unified Judicial System will assemble a task force this summer to examine resources to South Dakota treatment courts, and my Project Prison Reset will be analyzing the needs of our prison system – a review that must include impact of our laws and criminal penalties on our incarcerated population. That work and more must continue. I'm focused on solutions.
I am committed to working closely with all law enforcement groups to carefully monitor the implementation of this law. If we find that it is not achieving the intended outcomes, we will make necessary adjustments. That is the essence of our republican system of government – an ongoing process of innovation and improvement, where we test new ideas, learn from experience, and continuously strive to do better.
Individuals struggling with addiction need treatment and support. A felony conviction can create obstacles for the rest of an individual's life. We cannot legislate felony punishments without understanding the gravity of that reality and the lifelong burden of a felony conviction. Labeling individuals stuck in chemical dependency as "felons" makes it harder for them to secure employment, housing, and a stable future.
We should focus on getting people into treatment, not into prison. The criminal justice system is not a substitute for rehabilitation, and incarceration does not address the root causes of addiction. Instead, incarceration only increases prison overcrowding. Our current facilities cannot provide adequate rehabilitative services; they currently have a long waitlist for the very programs designed to help South Dakotans recover and reintegrate into society.
With the limited availability for rehabilitation at the current State Penitentiary, all we can really do is lock 'em up. By focusing on treatment instead of incarceration, we can help keep families intact and give people a chance at real recovery.
Finally, under this law, a third offense will remain a felony, holding accountable those who refuse treatment and disregard opportunities for rehabilitation. By reforming these laws, we can redirect resources toward effective treatment programs, reduce unnecessary incarceration, and help achieve recovery for those struggling with substance abuse disorder.
There is more to be said and done on the issue of our criminal justice system and how we help South Dakotans rehabilitate from addiction. Again, I'm focused on solutions, and I appreciate the continued work of both the legislature and our justice system towards those solutions.
Sincerely,
Larry Rhoden
Governor
CC: Jon Hansen, Speaker of the House
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 68 and 91 and finds the same correctly enrolled.
Also MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 6, 14, 73, 176, and 216 were delivered to his Excellency, the Governor, for his approval at 2:55 p.m., March 12, 2025.
Respectfully submitted,
I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1218.
I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 68.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 91.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 113 and no new committee was appointed.
Respectfully,
Patricia Miller, Chief Clerk
SENATE PAGE RESOLUTION 5 Introduced by: Senators Beal; Blanc; Carley; Crabtree; Davis; Deibert; Duhamel; Foster; Grove; Hohn; Howard; Hulse; Jensen; Karr; Kolbeck; Lapka; Larson; Marty; Mehlhaff; Miskimins; Nelson; Otten; Perry; Peterson; Pischke; Reed; Rohl; Sauder; Schoenfish; Smith; Vilhauer; Voight; Voita; Wheeler; Zikmund
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the One Hundredth Legislature of the State of South Dakota to James Burma, Carson Glodt, Madisyn Raymond, Spencer Sargent, and Willa Stern.
WHEREAS, the above named served loyally as pages for the Senate of the One Hundredth Legislative Session; and
WHEREAS, the members of the One Hundredth 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 One Hundredth 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. Mehlhaff moved that Senate Page Resolution 5 be adopted.
The question being on Sen. Mehlhaff's motion that Senate Page Resolution 5 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas: Beal, Blanc, Carley, Crabtree, Davis, Deibert, Duhamel, Foster, Grove, Hohn, Howard, Hulse, Jensen (Kevin), Karr, Kolbeck (Steve), Lapka, Larson, Marty, Mehlhaff, Miskimins, Nelson, Otten, Perry, Peterson (Sue), Pischke, Reed, Rohl, Sauder, Schoenfish, Smith, Vilhauer, Voight, Voita, Wheeler, and Zikmund
So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion prevailed.
SB 55: FOR AN ACT ENTITLED, An Act to revise property tax levies for school districts and to revise the state aid to general and special education formulas.
Was read the second time.
The question being "Shall SB 55 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas: Beal, Blanc, Crabtree, Davis, Deibert, Duhamel, Foster, Grove, Hohn, Howard, Hulse, Jensen (Kevin), Karr, Kolbeck (Steve), Lapka, Larson, Marty, Mehlhaff, Miskimins, Nelson, Otten, Perry, Peterson (Sue), Reed, Rohl, Sauder, Schoenfish, Smith, Vilhauer, Voight, Voita, Wheeler, and Zikmund
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 220: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the current expenses of state institutions, interest on the public debt, and common schools.
Was read the second time.
The question being "Shall SB 220 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas: Beal, Blanc, Crabtree, Davis, Deibert, Duhamel, Foster, Grove, Hohn, Howard, Hulse, Jensen (Kevin), Karr, Kolbeck (Steve), Lapka, Larson, Marty, Mehlhaff, Miskimins, Nelson, Otten, Perry, Peterson (Sue), Pischke, Reed, Rohl, Sauder, Schoenfish, Smith, Vilhauer, Voight, Voita, Wheeler, and Zikmund
Nays: Carley
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.
There being no objection, the Senate reverted to Order of Business No. 8 - Motions and Resolutions.
Sen. Mehlhaff moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Monday, March 31, 2025 the 38th legislative day.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 4 - Communications and Petitions.
March 13, 2025
Mr. President and Members of the Senate:
I have the honor to inform you that on March 13, 2025, I approved Senate Bill 216, and the same has been deposited in the office of the Secretary of State.
Respectfully submitted,
Larry Rhoden
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 68 and 91 were delivered to his Excellency, the Governor, for his approval at 11:15 a.m., March 13, 2025.
Respectfully submitted,
MR. PRESIDENT:
I have the honor to transmit herewith HB 1046 which has passed the House and your favorable consideration is respectfully requested.
Respectfully,
HB 1046: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2025.
Was read the first time and the President Pro Tem waived the committee referral pursuant to JR 6D-1.
HB 1046: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2025.
Was read the second time.
The question being "Shall HB 1046 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas: Beal, Blanc, Carley, Crabtree, Davis, Duhamel, Foster, Grove, Hohn, Howard, Hulse, Karr, Kolbeck (Steve), Lapka, Marty, Mehlhaff, Miskimins, Nelson, Otten, Perry, Peterson (Sue), Pischke, Reed, Rohl, Sauder, Schoenfish, Vilhauer, Voight, Voita, Wheeler, and Zikmund
Nays: Deibert, Larson, and Smith
Excused: Jensen (Kevin)
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.
There being no objection, the Senate reverted to Order of Business No. 5 - Reports of Standing Committees.
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 55 and finds the same correctly enrolled.
Respectfully submitted,
MR. PRESIDENT:
I have the honor to return herewith SB 55 and 220 which have passed the House without change.
Respectfully,
The President publicly read the title to
SB 55: FOR AN ACT ENTITLED, An Act to revise property tax levies for school districts and to revise the state aid to general and special education formulas.
And signed the same in the presence of the Senate.
The President publicly read the title to
HB 1046: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2025.
HB 1218: FOR AN ACT ENTITLED, An Act to address the imposition of firearm restrictions on certain employees, officers, volunteers, and other individuals.
And signed the same in the presence of the Senate.
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 220 and finds the same correctly enrolled.
Respectfully submitted,
The President publicly read the title to
SB 220: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the current expenses of state institutions, interest on the public debt, and common schools.
And signed the same in the presence of the Senate.
The Committee on Legislative Procedure respectfully reports that SB 55 and 220 were delivered to his Excellency, the Governor, for his approval at 1:10 p.m., March 13, 2025.
Respectfully submitted,
Chris Karr, Chair
Sen. Beal moved that the Senate do now adjourn, which motion prevailed and at 1:20 p.m. the Senate adjourned.
12 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.170 per page.