The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of
Allegiance led by Senate page Madison Russell.
Roll Call: All members present except Sen. Peters 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 fourteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Senators Billie Sutton, Troy Heinert, and Jason Frerichs, pursuant to Joint Rule 1-10, wish
respectfully to dissent and protest the passage of HB 1069.
Joint Rule lB-2 states the legislators must comply with all Constitutional and statutory
requirements regarding conflicts of interest. Voting upon HB 1069 presents a conflict of interest
because the legislators currently in litigation against the implementation of Initiated Measure 22
would thereby receive a pecuniary interest due to the passage of HB 1069. Thus, they will no
longer have to pay to continue the lawsuit and will thus receive a financial benefit with the
repeal of IM 22.
In addition, the South Dakota Constitution, Article III, Section 1 has been used by the
courts as the standard to determine when an emergency exists. Article III, Section 1 of the
South Dakota Constitution allows a referral of a legislative act to a public vote before going into
effect unless it is necessary for the immediate preservation of the public peace, health, or safety
or the act is necessary for the support of the state government and its existing institutions. Since
this law is enjoined we contend that no emergency exists, and the use of the Emergency Clause
is unconstitutional in HB 1069. We therefore believe the passage of this act is in contravention
of the Constitution of South Dakota and the Joint Rules and is such null and void.
We respectfully request this dissent be printed in the Senate Journal.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 1, 2017, I approved Senate Bills 8 and 16,
and the same have been deposited in the office of the Secretary of State.
The Committee on Judiciary respectfully reports that it has had under consideration SB 103
and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1021 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 125 and HB 1022 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Senate Committee on Appropriations respectfully reports that it has had under
consideration HB 1009 and 1039 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 66 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1046 and 1051 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 SB 88 and HB 1011 and 1012 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 Commerce and Energy respectfully reports that it has had under
consideration the nomination of Cheryl Bogue of Ziebach County, Faith, South Dakota to the
South Dakota Lottery Commission 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
I have the honor to transmit herewith HB 1070, 1031, and 1027 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1002 which has been adopted by the House and
your concurrence is respectfully requested.
The President publicly read the title to
SB 45: FOR AN ACT ENTITLED, An Act to remove an outdated reference from the
definition of an accredited prevention or treatment facility.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
background checks for applicants, licensees, vendors, and employees of the South Dakota
Lottery.
HB 1033: FOR AN ACT ENTITLED, An Act to authorize criminal background checks
for certain executive branch employees and state contractors and subcontractors.
HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good
cause for voluntarily leaving employment and to declare an emergency.
HB 1069: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions
related to campaign finance and to declare an emergency.
And signed the same in the presence of the Senate.
pipeline incidents or leaks, which equals two serious events every three days. Based on
historical facts, the likelihood of the Dakota Access Pipeline rupturing sometime in the future
is almost certain; and
Was read the first time and referred to the Committee on State Affairs.
HCR 1002: A CONCURRENT RESOLUTION, Urging an external audit of the Indian
Health Service by an act of Congress.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed HCR 1002 on the calendar of Friday, February 3rd, the 16th legislative day.
Sen. Greenfield (Brock) moved that SB 147 be referred from the Senate Committee on
Appropriations to the Committee on Health and Human Services.
Which motion prevailed.
Sen. Curd moved that SB 82 be deferred to Monday, February 6th, the 17th legislative day.
Which motion prevailed.
Which motion prevailed.
Sen. Curd moved that the report of the Standing Committee on
Health and Human Services on SB 102 as found on page 247 of the Senate Journal be
adopted.
Which motion prevailed.
SB 167 Introduced by: Senators Jensen (Phil) and Tapio and Representatives
Jensen (Kevin), Brunner, Frye-Mueller, Gosch, Greenfield (Lana), Howard, Kaiser, Livermont,
Marty, and Zikmund
FOR AN ACT ENTITLED, An Act to require the guardian or conservator of a protected
person to provide certain notices.
Was read the first time and referred to the Committee on Judiciary.
SB 168 Introduced by: Senators Jensen (Phil), Nelson, Russell, and Stalzer and
Representatives Haugaard, Dennert, Frye-Mueller, Gosch, Howard, and Schoenfish
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a durable power
of attorney and the appointment of a guardian or conservator.
Was read the first time and referred to the Committee on Judiciary.
SB 169 Introduced by: Senators Novstrup and Greenfield (Brock) and Representative
Greenfield (Lana)
FOR AN ACT ENTITLED, An Act to impose a statewide property tax for purpose of
providing funds to increase certain employee wages employed by community support providers
and nursing facilities.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum
width restriction for farm implements operated on a public highway
Was read the first time and referred to the Committee on Transportation.
SB 171 Introduced by: Senators Greenfield (Brock), Curd, Ewing, Frerichs, Heinert,
Kennedy, Killer, Langer, Maher, Nelson, Nesiba, Otten (Ernie), Partridge, Peters, and Sutton
and Representatives Bartling, Ahlers, Glanzer, Gosch, Greenfield (Lana), Haggar, Lust,
McCleerey, Mickelson, Peterson (Kent), Peterson (Sue), Qualm, Rhoden, Rounds, and York
FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task
Force to study government, campaign finance, lobbyist restrictions, and ethics and to declare
an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 172 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to
provide for the construction of and improvements to the State Animal Disease Research and
Diagnostic Laboratory and infrastructure at South Dakota State University, to increase and
establish certain agricultural fees, to transfer certain funds, to make an appropriation, and to
declare an emergency.
Was read the first time and referred to the Joint Committee on Appropriations
SB 173 Introduced by: Senator Sutton and Representative Hawley
FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the use of
contributions received by a candidate campaign committee.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to revise certain provisions limiting the issuance of
certain licenses and permits if a debt is being collected by the obligation recovery center.
Was read the first time and referred to the Committee on Judiciary.
HB 1027: FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that
meet certain requirements to be registered and licensed.
Was read the first time and referred to the Committee on Transportation.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding
division directors of the Department of Revenue.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
licensure of physical therapists and physical therapist assistants.
Was read the first time and referred to the Committee on Health and Human Services.
SB 68: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling
provisions.
Was read the second time.
The question being Shall SB 68 pass as amended?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Peters
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 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
salary of the executive director of the South Dakota Retirement System.
Was read the second time.
The question being Shall HB 1019 pass?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Peters
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 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
State Fair Commission and the administration of the fairgrounds and to declare an emergency.
Was read the second time.
The question being Shall SB 11 pass as amended?
And the roll being called:
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Peters
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.
SB 73: FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate
for certain motor vehicles.
Was read the second time.
The question being Shall SB 73 pass?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Peters
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 79: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
display of motorcycle license plates.
Was read the second time.
The question being Shall SB 79 pass?
And the roll being called:
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Peters
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 71: FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment
payment program.
Was read the second time.
The question being Shall SB 71 pass?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Peters
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 86: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
deposit of county funds.
Was read the second time.
The question being Shall SB 86 pass?
And the roll being called:
Yeas:
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; Rusch; Russell; Soholt; Solano; Stalzer; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Sutton
Excused:
Peters
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 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
criteria for informal adjustment for any apparent child in need of supervision.
Was read the second time.
The question being Shall SB 83 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Langer; Peters
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 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest
by public officials and to provide a penalty therefor.
Having had its second reading was up for consideration and final passage.
Which motion prevailed.
Which motion prevailed.
The question being Shall SB 27 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Langer; Peters
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 1016: FOR AN ACT ENTITLED, An Act to revise the methodology for calculating
the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting
conditions, and to provide uniform terminology.
Was read the second time.
The question being Shall HB 1016 pass?
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup;
Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; White;
Wiik; Youngberg
Nays:
Nesiba; Sutton
Excused:
Langer; Peters
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 1017: FOR AN ACT ENTITLED, An Act to revise the definition of compensation for
purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting
compensation, and to update references to the Internal Revenue Code.
Was read the second time.
The question being Shall HB 1017 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Langer; Peters
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 1018 pass?
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Monroe
Excused:
Langer; Peters
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 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
purchase improved real property on behalf of South Dakota State University and to make an
appropriation therefor.
Was read the second time.
The question being Shall HB 1008 pass?
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White;
Wiik; Youngberg
Nays:
Maher; Nelson; Russell
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 1042: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse
certain health care professionals who have complied with the requirements of the recruitment
assistance program or the rural health care facility recruitment assistance program and to declare
an emergency.
Was read the second time.
The question being Shall HB 1042 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Langer; Peters
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.
SC 19 Introduced by: Senators Rusch, Ewing, Frerichs, Kennedy, Monroe, Nelson,
Novstrup, and Stalzer and Representatives Rasmussen, Duvall, Greenfield (Lana), Heinemann,
McCleerey, Mickelson, and Ring
SC 20 Introduced by: Senators White, Bolin, Kennedy, Kolbeck, Langer, Maher, Monroe,
Nelson, Partridge, Rusch, Russell, Soholt, and Stalzer and Representatives Glanzer, Beal,
Chase, Dennert, DiSanto, Duvall, Haugaard, Holmes, Kaiser, Karr, Kettwig, Livermont,
McPherson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York
Sen. Kolbeck moved that the Senate do now adjourn, which motion prevailed and at
4:06 p.m. the Senate adjourned.