The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by Senate page Lydia Peterson.
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 thirty-fourth 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 Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 13, 33, 60, 70, 97, 136, 186, and 191 and finds the
same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 3, 17, 43, 48, 50, 98,
101, 108, 119, 126, 159, 161, 172, and 173 were delivered to his Excellency, the Governor, for
his approval at 9:15 a.m., March 10, 2015.
The Committee on Education respectfully reports that it has had under consideration
HB 1195 and returns the same with the recommendation that said bill do NOT pass.
I have the honor to inform your honorable body that the House has appointed Reps.
Schoenbeck, Harrison, and Kirschman as a committee of three on the part of the House to meet
with a like committee on the part of the Senate to adjust the differences between the two houses
on SB 120.
I have the honor to return herewith SB 2, 95, and 190 which have been amended by the
House and your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1059 and 1179.
I have the honor to return herewith SB 13, 33, 70, 97, 186, and 191 which have passed the
House without change.
Sen. Rave moved that HB 1049 be placed to follow HB 1171 on today's calendar.
Which motion prevailed.
Sen. Rave moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Wednesday, March 11, the 36th legislative day.
Which motion prevailed.
Sen. Rave moved that the reports of the Standing Committee on
Appropriations on HB 1110 as found on page 632 of the Senate Journal; also
Appropriations on HB 1192 as found on page 633 of the Senate Journal; also
Appropriations on HB 1228 as found on page 633 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Otten (Ernie) moved that HB 1195 be placed on the calendar of Tuesday, March 10,
the 35th legislative day.
And the roll being called:
Yeas 16, Nays 19, Excused 0, Absent 0
Yeas:
Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Heineman (Phyllis); Holien; Jensen
(Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peterson (Jim);
Rampelberg; Van Gerpen
Nays:
Bradford; Brown; Buhl O'Donnell; Curd; Frerichs; Haverly; Heinert; Hunhoff (Bernie); Parsley;
Peters; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The Senate proceeded to the consideration of the executive reappointment of Brent E.
Dykstra of Stanley County, Ft. Pierre, South Dakota, to the S.D. Lottery Commission.
The question being "Does the Senate advise and consent to the executive reappointment
of Brent E. Dykstra pursuant to the executive message as found on page 618 of the Senate
Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Otten (Ernie); 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 Dennis
Neugebauer of Minnehaha County, Sioux Falls, South Dakota, to the S. D. Building Authority.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Otten (Ernie); 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 1225: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized commercial use
of a personality's right of publicity and provide a civil remedy therefor.
Was read the second time.
The question being "Shall HB 1225 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar
(Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg;
Rusch; Soholt; Solano; Sutton; Tidemann; Van Gerpen; White
Nays:
Brown; Novstrup (David); Peters; Rave; Tieszen; Vehle
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 HB 1219 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Lederman;
Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Nays:
Jensen (Phil)
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 1228: FOR AN ACT ENTITLED, An Act to establish an obligation recovery center.
Was read the second time.
The question being "Shall HB 1228 pass as amended?"
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent 0
Yeas:
Bradford; Brown; Cammack; Frerichs; Haverly; Heineman (Phyllis); Heinert; Lederman;
Monroe; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Vehle; White
Nays:
Buhl O'Donnell; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Holien; Hunhoff (Bernie);
Jensen (Phil); Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Sutton; Van Gerpen
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 HB 1192 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman (Phyllis); Heinert;
Holien; Hunhoff (Bernie); Lederman; Monroe; Novstrup (David); Omdahl; Otten (Ernie);
Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; White
Nays:
Buhl O'Donnell; Greenfield (Brock); Haggar (Jenna); Jensen (Phil); Olson
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 1185: FOR AN ACT ENTITLED, An Act to make an appropriation for property and
casualty loss coverage, to establish the property and casualty captive insurance company fund
for state properties, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1185 pass as amended?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten
(Ernie); Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen;
Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; 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.
Was read the second time.
The question being "Shall HB 1186 pass?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten
(Ernie); Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen;
Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; 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 1187: FOR AN ACT ENTITLED, An Act to make an appropriation for liability
coverage for the South Dakota Building Authority, South Dakota Health and Educational
Facilities Authority, South Dakota Housing Development Authority, South Dakota Ellsworth
Development Authority, and South Dakota Educational Enhancement Funding Corporation, to
establish the liability captive insurance company fund, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1187 pass as amended?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman
(Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten
(Ernie); Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen;
Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Sutton
Sen. Brown moved that the Senate do now recess until 2:00 p.m., which motion prevailed
and at 12:08 p.m., the Senate recessed.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions
relating to the General Appropriations Act for fiscal year 2013.
Was read the second time.
The question being "Shall HB 1047 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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;
Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; White
Excused:
Bradford; Lederman; Vehle
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 1190: FOR AN ACT ENTITLED, An Act to make an appropriation for community-based provider workforce improvement and to declare an emergency.
Was read the second time.
The question being "Shall HB 1190 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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;
Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White
Excused:
Bradford; Lederman
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 1191: FOR AN ACT ENTITLED, An Act to make an appropriation for the Jobs for
America's Graduates program and to declare an emergency.
Was read the second time.
The question being "Shall HB 1191 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Nays:
Greenfield (Brock); Haggar (Jenna); Jensen (Phil); Monroe
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 1147: FOR AN ACT ENTITLED, An Act to increase the amounts of the annual
awards given to recipients of the South Dakota opportunity scholarship.
Was read the second time.
"(1) One thousand dollars for the first year of attendance;
The question being "Shall HB 1147 pass as amended?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent 0
Nays:
Ewing; Greenfield (Brock); Jensen (Phil); Monroe; Olson; Otten (Ernie); Van Gerpen; 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 1169: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical
services.
Was read the second time.
Sen. Curd moved that HB 1169 be laid on the table.
The question being on Sen. Curd's motion that HB 1169 be laid on the table.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Otten (Ernie); Parsley; Peters; Peterson
(Jim); Rampelberg; Rave; Rusch; 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.
HB 1170: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to
education in South Dakota.
Was read the second time.
Sen. Brown moved that HB 1170 be laid on the table.
The question being on Sen. Brown's motion that HB 1170 be laid on the table.
Yeas 35, Nays 0, Excused 0, 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; Otten (Ernie); Parsley; Peters; Peterson
(Jim); Rampelberg; Rave; Rusch; 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.
HB 1171: FOR AN ACT ENTITLED, An Act to enhance South Dakota.
Was read the second time.
Sen. Brown moved that HB 1171 be laid on the table.
The question being on Sen. Brown's motion that HB 1171 be laid on the table.
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); 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
Nays:
Heinert
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1049: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
reversions of appropriations for a repealed tax refund program.
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; Frerichs; Greenfield (Brock);
Haggar (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
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 1110: FOR AN ACT ENTITLED, An Act to approve the addition of judges to the
Second and Seventh Judicial Circuits and to make an appropriation therefor.
Was read the second time.
The question being "Shall HB 1110 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Bradford; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis);
Heinert; Holien; Hunhoff (Bernie); Lederman; Monroe; Novstrup (David); Omdahl; Otten
(Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Brown; Buhl O'Donnell; Greenfield (Brock); Jensen (Phil); Olson
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.
The President publicly read the title to
SB 13: FOR AN ACT ENTITLED, An Act to require certain persons convicted for human trafficking to register as sex offenders.
SB 60: FOR AN ACT ENTITLED, An Act to provide newborn screening of inherited and
genetic disorders.
SB 70: FOR AN ACT ENTITLED, An Act to require that the mandatory reporter who
witnessed the disclosure or evidence of child abuse or neglect be available to answer questions
when the initial report is made.
SB 97: FOR AN ACT ENTITLED, An Act to revise the allowable penalties for a person
admitted to drug court.
SB 136: FOR AN ACT ENTITLED, An Act to exclude certain municipal taxes from the
gross receipts used to determine the tax liability for customers served by electric cooperatives
and electric utilities.
SB 186: FOR AN ACT ENTITLED, An Act to revise the procedure for the execution of
a warrant.
SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital
outlay certificates and lease purchase agreements of school districts and the pledge of state aid
to education funds to secure such obligations.
HB 1080: FOR AN ACT ENTITLED, An Act to authorize the use of investigational
treatments for patients under certain conditions and to restrict certain causes of action arising
from investigational treatment.
HB 1107: FOR AN ACT ENTITLED, An Act to revise the definition of certain alcoholic
beverages that are classified as cider.
HB 1118: FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary
technical institutes.
HB 1143: FOR AN ACT ENTITLED, An Act to increase the criminal violations that are
subject to protection orders.
HB 1145: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment of salary and compensation to legislators.
HB 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
planning and zoning.
HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
changes in terms of credit card agreements.
And signed the same in the presence of the Senate.
Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at
3:19 p.m. the Senate adjourned.