The prayer was offered by the Chaplain, Fr. David Hussey, followed by the
Pledge of Allegiance led by Senate pages Layne Hohn and Rylee Homandberg.
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 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 Committee on Transportation respectfully reports that it has had under consideration
SB 59 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 7 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1035 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 74 and HB 1003 and 1034 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 Local Government respectfully reports that it has had under
consideration SB 64 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1025 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration HB
1049 and 1050 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
I have the honor to transmit herewith HB 1011, 1016, 1031, 1065, 1066, 1069, 1071, 1077,
1078, 1084, 1087, 1089, and 1098 which have passed the House and your favorable
consideration is respectfully requested.
Sen. Brown moved that SB 54 be placed to follow SB 82 on today's calendar.
Which motion prevailed.
Sen. Brown moved that SB 5 be deferred to Thursday, February 4th, the 15th legislative day.
Which motion prevailed.
SB 135 Introduced by: Senators Peterson (Jim), Frerichs, and Olson and Representatives
Bartling, Feickert, Kirschman, McCleerey, Qualm, Schoenfish, and Schrempp
FOR AN ACT ENTITLED, An Act to allow overwidth farm equipment to be operated on
primary highways after sunset under certain conditions.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to permit certain cropland along lakes, rivers, and
streams to be assessed as noncropland.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 137 Introduced by: Senator Brown and Representative Conzet
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
telecommunications and internet services.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 138 Introduced by: Senators Heinert, Bradford, Frerichs, Haggar (Jenna), Hunhoff
(Bernie), Otten (Ernie), Peterson (Jim), Rampelberg, Rusch, Sutton, Tieszen, and Vehle and
Representatives Bordeaux, Feickert, Gibson, Haggar (Don), Hawks, Hawley, Otten (Herman),
Schaefer, Schoenfish, Schrempp, Tulson, and Wiik
FOR AN ACT ENTITLED, An Act to authorize the construction of a nursing home facility
in Rosebud, South Dakota.
Was read the first time and referred to the Committee on Health and Human Services.
SB 139 Introduced by: Senators Peterson (Jim), Frerichs, Tidemann, and White and
Representative Feickert
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use tax.
Was read the first time and referred to the Committee on State Affairs.
SB 140 Introduced by: Senators Tieszen, Bradford, Brown, Buhl O'Donnell, Frerichs,
Haverly, Heinert, Hunhoff (Bernie), Novstrup (David), Olson, Otten (Ernie), Rusch, Shorma,
Soholt, Solano, and Vehle and Representatives Johns, Bartling, Bolin, Bordeaux, Deutsch,
Feickert, Gibson, Heinemann (Leslie), Holmes, Kirschman, Novstrup (Al), Ring, Rozum,
Schrempp, Soli, and Wollmann
FOR AN ACT ENTITLED, An Act to eliminate life sentences without parole for
defendants under the age of eighteen at the time of the crime.
Was read the first time and referred to the Committee on Judiciary.
SB 141 Introduced by: Senator Vehle and Representative Duvall
FOR AN ACT ENTITLED, An Act to revise the distribution of petroleum release
compensation and tank inspection fees, to provide funding for the local bridge improvement
grant fund, and to repeal the state capital construction fund, ethanol fuel fund, and ethanol
infrastructure incentive fund.
Was read the first time and referred to the Committee on Transportation.
SB 142 Introduced by: Senators Soholt, Brown, Buhl O'Donnell, Ewing, Fiegen, Heinert,
Hunhoff (Bernie), Monroe, Otten (Ernie), Peters, Rusch, Solano, and Tieszen and
Representatives Mickelson, Gibson, Haugaard, Hunhoff (Jean), Munsterman, Partridge,
Peterson (Kent), and Rozum
FOR AN ACT ENTITLED, An Act to authorize certain disclosures of mental health
information to law enforcement.
Was read the first time and referred to the Committee on Judiciary.
SB 143 Introduced by: Senators Vehle, Brown, Haverly, Heineman (Phyllis), Holien,
Parsley, Soholt, Sutton, Tidemann, Tieszen, and White and Representatives Munsterman,
Anderson, Bartling, Bordeaux, Conzet, Dryden, Rozum, Sly, and Wink
FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee to
implement a performance management review process.
Was read the first time and referred to the Committee on State Affairs.
SB 144 Introduced by: Senator Frerichs and Representative Feickert
FOR AN ACT ENTITLED, An Act to revise the legal maximum weight limits based on
the number of axles for gross vehicle weight.
Was read the first time and referred to the Committee on Transportation.
SB 145 Introduced by: Senators Frerichs and Peterson (Jim) and Representatives
Schrempp, Feickert, and McCleerey
FOR AN ACT ENTITLED, An Act to require certain provisions to be met before allowing
public utilities or carriers to exercise eminent domain procedures.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to impose a fee on certain pipelines carrying crude oil
and to create a crude oil pipeline compensation fund that may be used in the event of a crude
oil spill.
Was read the first time and referred to the Committee on Transportation.
SB 147 Introduced by: Senator Greenfield (Brock) and Representative Partridge
FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales
and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 148 Introduced by: The Committee on Health and Human Services at the request of the
Office of the Governor
FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the
Michael J. Fitzmaurice Veterans Home and to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
SJR 3 Introduced by: Senators Hunhoff (Bernie), Heinert, and Sutton and Representatives
Hawley and Bartling
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election amendments to Article III of the Constitution of the State of South Dakota, revising the
procedure for filling a vacancy in either house of the Legislature.
Was read the first time and referred to the Committee on Judiciary.
SJR 4 Introduced by: Senators Greenfield (Brock), Curd, Haggar (Jenna), and Jensen (Phil)
and Representative Latterell
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election an amendment to Article IV, section 3 of the Constitution of the State of South Dakota,
relating to the powers and duties of the Governor.
Was read the first time and referred to the Committee on State Affairs.
HB 1011: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary
statutes concerning game preserves and refuges.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
weights and measures.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1065: FOR AN ACT ENTITLED, An Act to designate the Civilian Conservation
Corps Museum of South Dakota in Hill City as the official Civilian Conservation Corps
Museum of South Dakota.
Was read the first time and referred to the Committee on State Affairs.
HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
public notice for a meeting of a public body.
Was read the first time and referred to the Committee on Local Government.
HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions related to genetic
counselor licensure.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
annual conference between county commissioners and the director of equalization.
Was read the first time and referred to the Committee on Local Government.
HB 1077: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and
prosecution for certain related offenses to persons who assist certain persons in need of
emergency assistance or who are themselves in need of emergency assistance.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Judiciary.
HB 1084: FOR AN ACT ENTITLED, An Act to define when concurrent employment may
be used to calculate earnings in workers' compensation cases.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1087: FOR AN ACT ENTITLED, An Act to repeal the requirement of a certain public
election notice.
Was read the first time and referred to the Committee on Local Government.
HB 1089: FOR AN ACT ENTITLED, An Act to revise provisions for accumulation of
funds for certain municipal enterprises.
Was read the first time and referred to the Committee on Local Government.
HB 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
exemption of motor vehicles from the motor vehicle excise tax.
Was read the first time and referred to the Committee on Taxation.
HB 1016: FOR AN ACT ENTITLED, An Act to revise the authority granted to the
Building Authority and to the Board of Regents to construct certain improvements at South
Dakota State University in Brookings and the University of South Dakota in Vermillion.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1.
SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
homestead exemption.
Was read the second time.
The question being "Shall SB 93 pass?"
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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 1018: FOR AN ACT ENTITLED, An Act to define certain terms related to commercial
fertilizer and soil amendments.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions related to milk
sampling and grading licenses and tester and grader licenses.
Was read the second time.
The question being "Shall HB 1019 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire
prevention and compacts related to the prevention and control of forest fires.
Was read the second time.
The question being "Shall HB 1020 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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 1021: FOR AN ACT ENTITLED, An Act to allow child advocacy centers and tribal
agencies that provide child placement services to obtain results from a check of the central
registry for abuse and neglect.
Was read the second time.
The question being "Shall HB 1021 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
use of another planned permanent living arrangement as a permanency plan for certain children.
Was read the second time.
The question being "Shall HB 1022 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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 1040: FOR AN ACT ENTITLED, An Act to revise and implement certain provisions
regarding the regulation of risk retention groups.
Was read the second time.
The question being "Shall HB 1040 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 1062: FOR AN ACT ENTITLED, An Act to permit an order changing the name of a
minor child without prior publication in certain instances.
Was read the second time.
The question being "Shall HB 1062 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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.
SB 12: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain
extraneous real property in Brookings County and to deposit the proceeds with the state
treasurer to be credited to a fund designated as the real property acquisition and capital
improvement fund for South Dakota State University.
Was read the second time.
The question being "Shall SB 12 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 26: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning sex
offender registration and to require an offender to notify of intended foreign travel.
Was read the second time.
The question being "Shall SB 26 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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.
SB 81: FOR AN ACT ENTITLED, An Act to create the paraprofessional tuition assistance
scholarship program.
Was read the second time.
The question being "Shall SB 81 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Nays:
Omdahl
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 82: FOR AN ACT ENTITLED, An Act to establish the Native American achievement
schools grant program.
Was read the second time.
The question being "Shall SB 82 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Nays:
Omdahl
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 54: FOR AN ACT ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory
recommendations in order to protect South Dakota seniors and adults with disabilities from
abuse, neglect, and exploitation.
Was read the second time.
The question being "Shall SB 54 pass?"
And the roll being called:
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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.
SB 3: FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if
property is classified as agricultural land for property tax purposes.
Was read the second time.
The question being "Shall SB 3 pass?"
And the roll being called:
Yeas 17, Nays 18, Excused 0, Absent 0
Yeas:
Brown; Buhl O'Donnell; Cammack; Frerichs; Haggar (Jenna); Heinert; Hunhoff (Bernie);
Olson; Parsley; Peterson (Jim); Rampelberg; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Nays:
Bradford; Curd; Ewing; Fiegen; Greenfield (Brock); Haverly; Heineman (Phyllis); Holien;
Jensen (Phil); Monroe; Novstrup (David); Omdahl; Otten (Ernie); Peters; Rusch; Shorma;
Soholt; Solano
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Tidemann announced his intention to reconsider the vote by which SB 3 lost.
SB 63: FOR AN ACT ENTITLED, An Act to require the development of school safety
plans and to require the conduct of lockdown drills in accredited schools.
Was read the second time.
Which motion prevailed and the title was so amended.
The question being "Shall SB 63 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; Fiegen; Frerichs; Greenfield
(Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie);
Jensen (Phil); Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim);
Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Nays:
Monroe
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
Was read the second time.
The question being "Shall SB 8 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; 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; Rusch; Shorma; 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.
Sen. Brown moved that the balance of the calendar including HB 1052, 1055, 1057, and
1058 be deferred to Thursday, February 4th, the 15th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1002: FOR AN ACT ENTITLED, An Act to eliminate certain reporting requirements
for the county general fund.
And signed the same in the presence of the Senate.
Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at
4:15 p.m. the Senate adjourned.