The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of
Allegiance led by Senate page Kylen Olson.
Roll Call: All members present except Sens. Ewing, Jensen, Killer, Langer, Rusch and
Soholt who were excused.
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-third 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 Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear President and Members of the Senate:
Pursuant to the provisions of Chapter1-16J of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Stanley Porch,
Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development
Authority.
This appointment is effective January 15, 2018, and shall continue until January 17, 2022.
The Committee on Education respectfully reports that it has had under consideration
SB 160 which was deferred to the 41st Legislative Day.
The Committee on Military and Veterans Affairs respectfully reports that it has had under
consideration SCR 15 and SB 97 and returns the same with the recommendation that said bill
and resolution do pass.
Also MR. PRESIDENT:
The Committee on Military and Veterans Affairs respectfully reports that it has had under
consideration HB 1244 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 Military and Veterans Affairs respectfully reports that it has had under
consideration SB 181 which was tabled.
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 150, 168, and 215 which were tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 178 and HB 1031 and returns the same with the recommendation that said
bills do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1032 and 1050 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1029 and returns the same without recommendation.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1051 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1219 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 205 which was tabled.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 188 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1096 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration HB 1017, 1052, 1084, 1085, 1095, 1097, 1100, 1112, and 1249 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
HB 1077 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration SB 182
and 191 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
SCR 16 and returns the same with the recommendation that said resolution be amended as
follows:
"President Trump's Executive Order to boost apprenticeships has increased job growth, and
under his leadership one million seven hundred thousand new jobs have been created; and
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 175
which was deferred to the 41st Legislative Day.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1016 and has appointed Reps. Johns, Stevens, and Ring 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.
The President Pro tempore announced as such committee Sens. Bolin, Netherton, and Nesiba.
I have the honor to transmit herewith HB 1007, 1106, 1109, 1111, 1114, 1140, 1146, 1161,
1163, 1166, 1168, 1169, 1183, 1216, 1230, 1248, 1255, 1268, 1270, 1271, 1277, and 1278
which have passed the House and your favorable consideration is respectfully requested.
SENATE PAGE RESOLUTION 3 Introduced by: Senators Bolin; Cammack; Cronin;
Curd; 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; Tapio; Tidemann; White;
Wiik; Youngberg
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-third
Legislature of the State of South Dakota to Tyler Arend, Allison Duerre,
Madison Hetland, Tabitha Jensen, Grace Jones, Kylen Olson, Braden Peters,
Derick Peters, Karly Schaunaman, Talisa Smith, Grace Weinheimer, Autumn Wieseler.
WHEREAS, the above named served loyally as pages for the Senate of the Ninety-third
Legislative Session; and
WHEREAS, the members of the Ninety-third 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 Ninety-third 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. Peters moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Peters' motion that Senate Page Resolution 3 be adopted.
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the motion having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the motion carried.
Sen. Wiik moved that SR 2 be referred to the Committee on Agriculture and Natural
Resources.
Which motion prevailed.
Sen. Nelson moved that the Senate do concur in House amendments to SCR 3.
The question being on Sen. Nelson's motion that the Senate do concur in House
amendments to SCR 3.
And the roll being called:
Yeas 27, Nays 2, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Klumb; Kolbeck;
Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Russell;
Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Heinert; Kennedy
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the motion having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the motion carried and the amendments were concurred in.
HCR 1001: A CONCURRENT RESOLUTION, Calling for statewide recognition of the
migration of many young people from our state and urging state and local officials to take steps
to counter that action and attract new residents to our state.
Was read the second time.
The question being on Sen. Bolin's motion that HCR 1001 be concurred in as amended.
And the roll being called:
Yeas 12, Nays 17, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Greenfield (Brock); Klumb; Maher; Nelson; Netherton; Otten (Ernie);
Russell; Solano; Stalzer; Tapio
Nays:
Cronin; Curd; Frerichs; Haverly; Heinert; Kennedy; Kolbeck; Monroe; Nesiba; Novstrup;
Partridge; Peters; Sutton; Tidemann; White; Wiik; Youngberg
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the motion not having received an affirmative vote of a majority of the members-elect,
the President Pro tempore declared the motion lost.
Sen. Solano moved that the Committee on Judiciary be instructed to deliver SB 175 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported.
Sen. Cammack moved that SB 194 be referred from the Committee on Agriculture and
Natural Resources to the Joint Committee on Appropriations
Which motion prevailed.
Sen. Curd moved that the reports of the Standing Committees on
Transportation on SB 115 as found on page 431 of the Senate Journal; also
Senate Committee on Appropriations on SB 81 as found on page 428 of the Senate Journal;
also
Judiciary on SB 93 as found on page 429 of the Senate Journal be adopted.
Sen. Heinert moved that the consideration of the committee report on SB 162 be placed
on the calendar and action on the motion be deferred until Tuesday, February 20, 2018 the
twenty-fifth legislative day.
Which motion prevailed.
HB 1007: FOR AN ACT ENTITLED, An Act to require any initiated measure to embrace
only one subject.
Was read the first time and referred to the Committee on State Affairs.
HB 1106: FOR AN ACT ENTITLED, An Act to authorize hunting preference points to be
granted to persons age ten years or older.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1109: FOR AN ACT ENTITLED, An Act to provide for parole eligibility and early
final discharge for certain inmates.
Was read the first time and referred to the Committee on Judiciary.
HB 1111: FOR AN ACT ENTITLED, An Act to revise certain definitions regarding
criminal street gang activity.
Was read the first time and referred to the Committee on Judiciary.
HB 1114: FOR AN ACT ENTITLED, An Act to establish certain requirements for students
enrolling in resident school districts or assigned schools after participating in open enrollment.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers.
Was read the first time and referred to the Committee on Transportation.
HB 1161: FOR AN ACT ENTITLED, An Act to revise certain references to the
International Building Code.
Was read the first time and referred to the Committee on Local Government.
HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
municipal publication deadlines.
Was read the first time and referred to the Committee on Local Government.
HB 1166: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
waivers recommended by the School Finance Accountability Board.
Was read the first time and referred to the Senate Committee on Appropriations
HB 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
abandonment or dissolution of television translator districts.
Was read the first time and referred to the Committee on Local Government.
HB 1169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
commissioner form of municipal government.
Was read the first time and referred to the Committee on Local Government.
HB 1183: FOR AN ACT ENTITLED, An Act to revise the deadline for the certification
of certain municipal ballot language to the county auditor.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on State Affairs.
HB 1230: FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of
the law prohibiting certain electronic communications while operating a motor vehicle and to
revise the penalty for a violation of that law.
Was read the first time and referred to the Committee on Judiciary.
HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding filing
and recording secured transaction records with the Office of the Secretary of State.
Was read the first time and referred to the Committee on State Affairs.
HB 1255: FOR AN ACT ENTITLED, An Act to revise the authority of the interim Rules
Review Committee to revert a rule to any step in the rules adoption process.
Was read the first time and referred to the Committee on State Affairs.
HB 1268: FOR AN ACT ENTITLED, An Act to provide for revised dates to prefile
legislation.
Was read the first time and referred to the Committee on State Affairs.
HB 1270: FOR AN ACT ENTITLED, An Act to adjust the period of time requiring the use
of lighted front and rear lamps on motor vehicles.
Was read the first time and referred to the Committee on Transportation.
HB 1271: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
carrying of certain guns on certain premises.
Was read the first time and referred to the Committee on Judiciary.
HB 1277: FOR AN ACT ENTITLED, An Act to exempt certain capital improvements
projects from the required supervision of the Bureau of Administration.
Was read the first time and referred to the Senate Committee on Appropriations
Was read the first time and referred to the Committee on Judiciary.
HB 1131: FOR AN ACT ENTITLED, An Act to authorize certain road district trustees and
employees to receive compensation under a district contract.
Was read the second time.
The question being "Shall HB 1131 pass?"
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie);
Partridge; Peters; Russell; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.
HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
municipal lease-purchase agreements.
Was read the second time.
The question being "Shall HB 1154 pass as amended?"
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.
HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
refunds of motor vehicle license fees.
Was read the second time.
The question being "Shall HB 1195 pass as amended?"
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie);
Partridge; Peters; Russell; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.
SB 155: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
liability of the cost of jail confinement.
Was read the second time.
Sen. Curd requested that Joint Rule 5-17 be invoked on SB 155.
Which request was supported and SB 155 with Sen. Maher's pending motion to amend was
deferred until Wednesday, February 21st, the twenty-sixth legislative day.
SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 911
emergency surcharge, the public safety 911 emergency fund, and revenue distribution and to
repeal the 911 emergency surcharge sunset clause.
Was read the second time.
The question being "Shall SB 98 pass?"
And the roll being called:
Yeas 26, Nays 3, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb;
Kolbeck; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters;
Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Cronin; Nelson; Russell
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall SB 214 pass?"
And the roll being called:
Yeas 22, Nays 7, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Haverly; Kennedy; Klumb; Kolbeck; Maher; Monroe; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Solano; Stalzer; Tidemann; White; Wiik;
Youngberg
Nays:
Frerichs; Greenfield (Brock); Heinert; Nelson; Russell; Sutton; Tapio
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall SB 63 pass as amended?"
And the roll being called:
Yeas 20, Nays 9, Excused 6, Absent 0
Yeas:
Bolin; Cammack; Curd; Greenfield (Brock); Klumb; Maher; Monroe; Nelson; Netherton;
Novstrup; Otten (Ernie); Russell; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Nays:
Cronin; Frerichs; Haverly; Heinert; Kennedy; Kolbeck; Nesiba; Partridge; Peters
Excused:
Ewing; Jensen (Phil); Killer; Langer; Rusch; Soholt
So the bill having received an affirmative vote of a majority of the members-elect, the
President Pro tempore declared the bill passed and the title was agreed to.