The prayer was offered by the Chaplain, Rev. Dr. Bill Meirose, followed by the Pledge of
Allegiance led by Senate page Erica Howard.
Roll Call: All members present except Sen. Foster who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the eighteenth 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 24, 2019
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 Section 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed
Jason C. Ahrendt, Lincoln County, Sioux Falls, South Dakota, to the South Dakota Lottery
Commission.
This appointment is effective January 7, 2019, and shall continue until January 1, 2022.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1075 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 SCR 6 and returns the same with the recommendation that said resolution
be adopted and be placed on the consent calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1001 and returns the same with the recommendation that said
resolution be concurred in and be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
SB 143 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 71
which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB 140 and 146 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of David S. Mickelson of Minnehaha County, Sioux Falls, South Dakota, to the
State Board of Regents and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
The Committee on Education respectfully reports that it has had under consideration
SB 141 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 113 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 Commerce and Energy respectfully reports that it has had under
consideration SB 97, 98, and 119 which were tabled.
The Committee on Military and Veterans Affairs respectfully reports that it has had under
consideration SB 155 and HB 1043 and 1044 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 Military and Veterans Affairs respectfully reports that it has had under
consideration the nomination of Russ A. Walz of Minnehaha County, Sioux Falls,
South Dakota, as the Assistant Adjutant General, Air and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1040.
I have the honor to transmit herewith HB 1079, 1099, 1185, and 1088 which have passed
the House and your favorable consideration is respectfully requested.
Sen. Langer moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on
Friday, February 8th, the 20th legislative day.
Which motion prevailed.
Sen. Langer moved that the reports of the Standing Committees on
Judiciary on SB 67 as found on page 271 of the Senate Journal; also
Judiciary on SCR 7 as found on page 273 of the Senate Journal; also
State Affairs on SB 91 as found on page 274 of the Senate Journal; also
State Affairs on SJR 2 as found on page 274 of the Senate Journal; also
Local Government on SB 103 as found on page 276 of the Senate Journal; also
Transportation on SB 117 as found on page 275 of the Senate Journal; also
Taxation on SB 4 as found on page 277 of the Senate Journal be adopted.
Which motion prevailed.
HB 1079: FOR AN ACT ENTITLED, An Act to allow a person to perform plumbing work
on the person's own property without a license and establish a fee.
Was read the first time and referred to the Committee on Local Government.
HB 1099: FOR AN ACT ENTITLED, An Act to provide for the designation of a caregiver
to receive information regarding residents of treatment facilities.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1185: FOR AN ACT ENTITLED, An Act to revise provisions regarding farm
wineries.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1088: FOR AN ACT ENTITLED, An Act to revise provisions regarding fertilizer
inspection fees.
Was read the first time but was not assigned.
SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
signature requirements for municipal elections.
HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of campus security
officers for purposes of the South Dakota Retirement System.
HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state
building committees for capital improvement projects.
HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
notice given to county commissioners for special sessions.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge;
Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White;
Wiik; Wismer; Youngberg
Excused:
Foster; Klumb; Nelson
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.
Sen. Langer moved that SB 107 be placed to follow HB 1011 on today's calendar.
Which motion prevailed.
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 second time.
The question being Shall HB 1010 pass?
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge;
Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White;
Wiik; Wismer; Youngberg
Excused:
Foster; Klumb; Nelson
HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
South Dakota Retirement System.
Was read the second time.
The question being Shall HB 1011 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie);
Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton;
White; Wiik; Wismer; Youngberg
Excused:
Foster; Nelson
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.
"
reasonably believed that the victim had attained the age of consent or was capable of giving
consent.".
Which motion lost.
The question being Shall SB 107 pass?
And the roll being called:
Yeas 17, Nays 17, Excused 1, Absent 0
Yeas:
Blare; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson;
Otten (Ernie); Russell; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White
Nays:
Bolin; Cammack; Cronin; Ewing; Heinert; Kennedy; Langer; Maher; Nesiba; Novstrup;
Partridge; Rusch; Schoenbeck; Steinhauer; Wiik; Wismer; Youngberg
Excused:
Foster
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Nelson announced his intention to reconsider the vote by which SB 107 was lost.
HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
exemptions from the twelve-month residency requirement for university students.
HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state
laboratory services.
HB 1018: FOR AN ACT ENTITLED, An Act to transfer the collection of various fees
from the Department of Revenue to the Department of Environment and Natural Resources.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sale and purchase of big game animal parts.
HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct
certain deliberations in an executive or closed meeting.
And signed the same in the presence of the Senate.
SC 12 Introduced by: Senators Heinert, DiSanto, Jensen (Phil), Kennedy, Klumb, Kolbeck,
Maher, Monroe, Nelson, Nesiba, Russell, Smith (VJ), Soholt, Solano, Stalzer, Wismer, and
Youngberg and Representatives Pourier, Bordeaux, Cwach, Duba, Healy, Lesmeister,
McCleerey, Ring, Saba, Smith (Jamie), and Sullivan
Sen. Cammack moved that the Senate do now adjourn, which motion prevailed and at
3:18 p.m. the Senate adjourned.