The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of
Allegiance led by Senate page Hannah Weinheimer.
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 thirtieth 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 Local Government respectfully reports that it has had under
consideration HB 1052 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1170 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1185 and returns the same with the recommendation that said bill be amended
as follows:
" Section 2. That § 9-38-24 be amended to read:
9-38-24. The board may establish, improve, care for, regulate, and manage a system of
public parks, parkways, and boulevards and with the approval of the governing body may
acquire land for such purposes. The board may regulate the planting and trimming of trees and
shrubbery in such areas and may establish the channel of any stream or watercourse forming a
part of the park system and improve the banks of the stream or watercourse. The board may
provide parkways and boulevards for the streets and maintain and regulate the care of the
parkways and boulevards. The board may cause the cost of construction and maintenance of the
street parkways and boulevards to be assessed against the abutting property as provided in
chapter 9-43. The board may establish, maintain, and conduct with or without charge or grant
concessions for places of public amusement, recreation, or refreshment within or in connection
with such parks. No concession lease or grant may be made for longer than three years, and no
professional shows or exhibitions for which an admission price is charged may be given in such
parks. However, a lease or grant to a concession may be made by the board for a period not to
exceed fifteen fifty years if the concession requires a realty improvement or capital investment
or any combination thereof of at least fifty thousand dollars or for a period not to exceed fifty
years if the concession requires a realty improvement investment of at least one hundred
thousand dollars. ".
The Committee on Transportation respectfully reports that it has had under consideration
HB 1142 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
HB 1082 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1195 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1179 and returns the same with the recommendation that said bill without recommendation.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 7, 68, 71, 74, 77, 82, 84, 86, 118, 123, 131, 140, 143,
and 145 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 21, 39, 40, 41, 42,
and 83 were delivered to his Excellency, the Governor, for his approval at 10:15 a.m.,
March 1, 2017.
I have the honor to return herewith SB 44, 81, 102, and 120 which have been amended by
the House and your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.
I have the honor to return herewith SB 7, 68, 71, 74, 77, 82, 84, 86, 118, 123, 131, 140,
143, and 145 which have passed the House without change.
I have the honor to return herewith SCR 12 and 14 in which the House has concurred.
Sen. Stalzer moved that the Senate do concur in House amendments to SB 6.
The question being on Sen. Stalzer's motion that the Senate do concur in House
amendments to SB 6.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Peters; Rusch; Russell; Soholt; Solano; Stalzer;
Sutton; Tapio; Tidemann; White; Wiik; Youngberg
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
HCR 1012: A CONCURRENT RESOLUTION, Urging Congress, the President of the
United States, and the President's trade representatives to welcome free trade and support strong
trade commerce within the agricultural industry.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed HCR 1012 on the calendar of Thursday, March 2nd, the 32nd legislative day.
Which motion prevailed.
Sen. Curd moved that HB 1184 and 1097 be deferred to Thursday, March 2nd, the 32nd
legislative day.
Which motion prevailed.
Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m.,
Thursday, March 2nd, the 32nd legislative day.
Which motion prevailed.
Sen. Curd moved that the reports of the Standing Committees on
Judiciary on HB 1103 as found on page 582 of the Senate Journal; also
Judiciary on HB 1113 as found on page 582 of the Senate Journal; also
Joint Committee on Appropriations on SB 172 as found on page 580 of the Senate Journal
be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of
William Shorma of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery
Commission.
The question being Does the Senate advise and consent to the executive appointment of
William Shorma pursuant to the executive message as found on page 514 of the
Senate Journal?
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
SB 43: FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive
methamphetamine treatment services within the Department of Social Services and to declare
an emergency.
Was read the second time.
The question being Shall SB 43 pass?
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie);
Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Monroe; Nelson; Peters; 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.
SB 172: 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
transfer certain funds, to make an appropriation, and to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge;
Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Cronin; Jensen (Phil); Monroe; Netherton; 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 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions that provide
transparency and public comment for ballot measures and amendments to the Constitution.
Was read the second time.
The question being Shall HB 1130 pass as amended?
And the roll being called:
Yeas 7, Nays 28, Excused 0, Absent 0
Yeas:
Cammack; Greenfield (Brock); Jensen (Phil); Netherton; Novstrup; Rusch; Tapio
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1183: FOR AN ACT ENTITLED, An Act to provide and revise certain provisions
regarding mental health procedures in criminal justice, to make an appropriation therefor, and
to declare an emergency.
Was read the second time.
The question being Shall HB 1183 pass as amended?
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Jensen (Phil); 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.
Was read the second time.
The question being Shall HB 1107 pass?
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White;
Youngberg
Nays:
Kolbeck; Otten (Ernie); Russell; Wiik
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 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
attorney recruitment assistance program.
Was read the second time.
The question being Shall HB 1053 pass?
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Partridge;
Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Bolin; Jensen (Phil); Nelson; Otten (Ernie); Russell
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 1100 pass as amended?
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton;
Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Nelson; Otten (Ernie)
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 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
commercial driver license disqualification for refusing to submit to a chemical analysis.
Was read the second time.
The question being Shall HB 1144 pass?
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Haverly; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck;
Langer; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tapio;
Tidemann; White
Nays:
Ewing; Frerichs; Greenfield (Brock); Heinert; Maher; Monroe; Nelson; Nesiba; Netherton;
Partridge; Sutton; Wiik; Youngberg
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 1165 pass as amended?
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Peters; Rusch; Russell; Soholt; Solano; Stalzer;
Sutton; Tapio; Tidemann; White; Wiik; Youngberg
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
HB 1141: FOR AN ACT ENTITLED, An Act to provide for a legislative task force to
consider certain legislation proposed to revise provisions regarding the constitutional
amendment, initiative and referendum process in South Dakota.
Was read the second time.
"
The question being Shall HB 1141 pass as amended?
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Jensen (Phil); Klumb; Kolbeck; Maher;
Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt;
Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Greenfield (Brock); Heinert; Kennedy; Killer; Langer; Nesiba
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 7: FOR AN ACT ENTITLED, An Act to revise the criteria for determining if property
is classified as agricultural land for property tax purposes.
SB 68: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling
provisions.
SB 71: FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment
payment program.
SB 74: FOR AN ACT ENTITLED, An Act to exempt the elected members of the
governing board of any federally recognized Indian tribe from the requirement to register as
lobbyists.
SB 77: FOR AN ACT ENTITLED, An Act to provide for a fiscal note for any initiated
measure, initiated amendment to the Constitution, or referred law that would have a fiscal
impact on the state.
SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
review of juvenile corrections.
SB 84: FOR AN ACT ENTITLED, An Act to provide for the suspension of the
probationary period for juvenile probationers under certain conditions.
SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
deposit of county funds.
SB 118: FOR AN ACT ENTITLED, An Act to allow for special motor vehicle license
plates depicting the Dignity sculpture.
SB 123: FOR AN ACT ENTITLED, An Act to revise the area where certain nonresident
waterfowl licenses may be issued.
SB 131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
period of time certain persons are prohibited from lobbying after leaving office.
SB 140: FOR AN ACT ENTITLED, An Act to require schools to provide instruction in
hands-only cardiopulmonary resuscitation.
SB 143: FOR AN ACT ENTITLED, An Act to create an off-sale delivery license and to
allow certain off-sale licensees to deliver alcohol.
SB 145: FOR AN ACT ENTITLED, An Act to provide limitation on liability for certain architects and engineers
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
wholesale drug distributors, to provide for licensure and regulation of outsourcing facilities for
certain drugs, and to establish a fee for licensure of outsourcing facilities.
HB 1084: FOR AN ACT ENTITLED, An Act to allow chiropractic corporations operated
as sole proprietorships to be operated for a certain time after the death of the chiropractor.
HB 1124: FOR AN ACT ENTITLED, An Act to exempt a person with a commercial driver
license from the requirement to have a hazardous materials endorsement on the license under
certain conditions.
HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how
stop lamps shall be mounted and displayed on vehicles and trailers.
And signed the same in the presence of the Senate.
SC 37 Introduced by: Senators Bolin, Cammack, Ewing, Frerichs, Heinert, Kennedy,
Killer, Klumb, Kolbeck, Monroe, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters,
Rusch, Soholt, Stalzer, Sutton, Tapio, White, Wiik, and Youngberg and Representatives
Anderson, Glanzer, Greenfield (Lana), Holmes, Hunhoff, Jensen (Kevin), Kaiser, Kettwig,
McCleerey, Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Reed, Rhoden, Ring, Rozum,
Schoenfish, Steinhauer, Turbiville, Wiese, and York
Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at
4:21 p.m. the Senate adjourned.