The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of
Allegiance led by Senate page Nancy Flaherty.
Roll Call: All members present except Sens. Curd, Novstrup, Schoenbeck, and Sutton 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 thirteenth 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 Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501
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 Gregg A. Gass to
the South Dakota Board of Pardons and Paroles.
Enclosed is a copy of the following:
1. The Statement of Financial Interest
2. Senate Confirmation Information
3. Oath
4. The January 18, 2019, letter of appointment
This appointment is effective February 1, 2019, and shall continue until January 16, 2023.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Steve Westra of Minnehaha County, Sioux Falls, South Dakota,
to the position of Commissioner of the Governor's Office of Economic Development 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 Jim Hagen of Minnehaha County, Sioux Falls, South Dakota,
to the position of Secretary of the Department of Tourism 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 Marcia Hultman of Hughes County, Pierre, South Dakota, to
the position of Secretary of the Department of Labor and Regulation 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 John Calvin of Codington County, Watertown, 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
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 57 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
HB 1040 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Scott Knuppe of Pennington County, Rapid City, South Dakota, to the South
Dakota Board of Technical Education 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
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Rod Bowar of Lyman County, Kennebec, South Dakota, to the South Dakota
Board of Technical Education 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
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Ed Mallett of Codington County, Watertown, South Dakota, to the South Dakota
Board of Technical Education 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 59
and returns the same with the recommendation that said bill be amended as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 40 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 43 and returns the same with the recommendation that said bill be
amended as follows:
" Section 4. That the code be amended by adding a NEW SECTION to read:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 5 and 35 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 26 was delivered to
her Excellency, the Governor, for her approval at 9:05 a.m., January 29, 2019.
I have the honor to transmit herewith SB 5 and 35 which have passed the House without
change.
I have the honor to inform your honorable body that SB 24 was tabled.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1031.
I have the honor to transmit herewith HB 1010, 1020, 1037, 1038, 1044, 1045, and 1067
which have passed the House and your favorable consideration is respectfully requested.
Sen. Langer moved that SB 62 be deferred to Wednesday, January 30th, the 15th legislative
day.
Which motion prevailed.
Sen. Langer moved that the reports of the Standing Committee on
State Affairs on SB 76 as found on page 196 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Jim Terwilliger
of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of
Revenue.
The question being Does the Senate advise and consent to the executive appointment of
Jim Terwilliger pursuant to the executive message as found on page 90 of the Senate Journal?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie);
Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik;
Wismer; Youngberg
Excused:
Curd; Novstrup; Schoenbeck; Sutton
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
SB 149 Introduced by: Senators Cammack, Blare, Ewing, Klumb, and Maher and
Representatives Brunner, Chaffee, Livermont, Marty, and Peterson (Kent)
FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand
fees and to authorize a brand registration application fee and an expedited registration fee.
Was read the first time and referred to the Committee on Agriculture and Natural Resources.
FOR AN ACT ENTITLED, An Act to revise the penalty for possession of substances
containing cannabis intended for consumption other than by smoking or inhalation.
Was read the first time and referred to the Committee on Judiciary.
SB 151 Introduced by: Senator Bolin and Representative Jensen (Kevin)
FOR AN ACT ENTITLED, An Act to revise the course requirements for the opportunity
scholarship.
Was read the first time and referred to the Committee on Education.
SB 152 Introduced by: The Committee on Education
FOR AN ACT ENTITLED, An Act to improve civics education in South Dakota public
schools.
Was read the first time and referred to the Committee on Education.
SB 153 Introduced by: The Committee on Agriculture and Natural Resources at the request
of the Office of the Governor
FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission
to provide for a special hunting license with the proceeds to be used for habitat.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 154 Introduced by: Senators Youngberg, Blare, Bolin, Cammack, Cronin, Curd,
DiSanto, Ewing, Foster, Greenfield (Brock), Heinert, Jensen (Phil), Klumb, Kolbeck, Langer,
Maher, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Schoenbeck, Smith
(VJ), Soholt, Solano, Stalzer, Steinhauer, Sutton, White, Wiik, and Wismer and Representatives
Wiese, Beal, Brunner, Chaffee, Chase, Duvall, Finck, Glanzer, Goodwin, Gosch, Greenfield
(Lana), Gross, Hammock, Haugaard, Healy, Howard, Jensen (Kevin), Karr, Lesmeister, Marty,
McCleerey, Mills, Milstead, Miskimins, Otten (Herman), Peterson (Kent), Pischke, Qualm,
Rasmussen, Reed, Schoenfish, Smith (Jamie), Steele, Weis, and York
FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater
aquatic life.
SJR 4 Introduced by: Senator Greenfield (Brock) and Representative Johnson (David)
A JOINT RESOLUTION, Rescinding House Joint Resolution 1001, adopted by the
Ninetieth Legislature of the State of South Dakota.
Was read the first time and referred to the Committee on State Affairs.
HB 1010: FOR AN ACT ENTITLED, An Act to recodify, to make certain form and style
changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement
System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state
building committees for capital improvement projects.
Was read the first time and referred to the Committee on Local Government.
HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of a regional sports complex at Northern State University and to
make an appropriation therefor.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1, and placed HB 1037 on the calendar of
Wednesday, January 30th, the 15th legislative day.
HB 1038: FOR AN ACT ENTITLED, An Act to authorize the demolition of a South
Dakota State University building and to make an appropriation therefor.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1, and placed HB 1038 on the calendar of
Wednesday, January 30th, the 15th legislative day.
HB 1044: FOR AN ACT ENTITLED, An Act to authorize certain children who are subject
to a pending military relocation to apply for enrollment in a school district.
HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security
officers for purposes of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding adult
adoption.
Was read the first time and referred to the Committee on Health and Human Services.
The Senate proceeded to the consideration of the executive appointment of
Kim Malsam-Rysdon of Hughes County, Pierre, South Dakota, to the position of Secretary of
the Department of Health.
The question being Does the Senate advise and consent to the executive appointment of
Kim Malsam-Rysdon pursuant to the executive message as found on page 90 of the Senate
Journal?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie);
Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik;
Wismer; Youngberg
Excused:
Curd; Novstrup; Schoenbeck; Sutton
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
Sen. Bolin requested that SB 75 be removed from the Consent Calendar.
HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions related to the Board of
Technical Professions.
HB 1013: FOR AN ACT ENTITLED, An Act to require criminal background
investigations for certain vital records employees.
SB 78: FOR AN ACT ENTITLED, An Act to exempt certain medical providers from
licensure.
The question being Shall HB 1036 and 1013 and SB 78 pass?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie);
Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik;
Wismer; Youngberg
Excused:
Curd; Novstrup; Schoenbeck; Sutton
So the bills having received an affirmative vote of a majority of the members-elect, the
President declared the bills passed and the titles were agreed to.
SB 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to
obtain consent to an abortion.
Was read the second time.
The question being Shall SB 72 pass?
And the roll being called:
Yeas 26, Nays 5, Excused 4, Absent 0
Nays:
Foster; Heinert; Kennedy; Nesiba; Wismer
Excused:
Curd; Novstrup; Schoenbeck; 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 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter
registration.
Was read the second time.
The question being Shall HB 1025 pass as amended?
And the roll being called:
Yeas 30, Nays 1, Excused 4, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Partridge;
Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer;
Youngberg
Nays:
Kennedy
Excused:
Curd; Novstrup; Schoenbeck; 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 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
petitions, notices, and statements of convention nominees and certifications of party officials.
The question being Shall HB 1026 pass as amended?
And the roll being called:
Yeas 30, Nays 1, Excused 4, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Otten (Ernie); Partridge;
Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; White; Wiik; Wismer;
Youngberg
Nays:
Nelson
Excused:
Curd; Novstrup; Schoenbeck; 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.
The President publicly read the title to
SB 5: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2018.
SB 35: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding
revocation of occupational licenses.
And signed the same in the presence of the Senate.
Sen. Foster moved that the Senate do now adjourn, which motion prevailed and at
3:00 p.m. the Senate adjourned.