The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of
Allegiance led by Senate pages Grace Jones and Derick Peters.
Roll Call: All members present except Sen. Killer who was 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-second 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 Education respectfully reports that it has had under consideration
SB 162, and returns the same with the recommendation that said bill be amended as follows:
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 81 and returns the same with the recommendation that said bill be amended
as follows:
" Section 3. That § 1-16G-49 be amended to read:
1-16G-49. Each department administering the funds received from § 1-16G-48 shall report
annually to the Government Operations and Audit Committee about the operations and results
of the building South Dakota fund programs. ".
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 2, 3, 4, and 6 which were tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 155
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 SB 93
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 124
which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 95
and 196 which were deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1131 and 1154 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 180 which was tabled.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 197 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 143, 177, and 202 which were deferred to the 41st Legislative Day.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 98 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1195 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 Transportation respectfully reports that it has had under consideration
SB 115 and returns the same with the recommendation that said bill be amended as follows:
"
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1190 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1159, 1184, 1199, 1252, 1280, and 1304 which
have passed the House and your favorable consideration is respectfully requested.
I have the honor to return herewith SCR 3 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
HCR 1008: A CONCURRENT RESOLUTION, that tobacco, alcohol, and other drug
marketing have no place in the lives of the children of the state.
Was read the second time.
Sen. Bolin moved that HCR 1008 be laid on the table.
The question being on Sen. Bolin's motion that HCR 1008 be laid on the table.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Kennedy;
Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie);
Partridge; Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Nays:
Frerichs; Jensen (Phil); Nelson; Solano
Excused:
Killer
So the motion having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the motion carried and HCR 1008 was tabled.
SR 2 Introduced by: Senators Nelson, Greenfield (Brock), Jensen (Phil), Maher, Monroe,
Netherton, Russell, Stalzer, and Tapio
A RESOLUTION, Affirming the constitutional private property protections of South Dakota farmers and ranchers.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed SR 2 on the calendar of Thursday, February 15th, the twenty-fourth legislative day.
Sen. Maher moved that SJR 3 be placed to follow HB 1127 on today's calendar.
Which motion prevailed.
Sen. Greenfield (Brock) moved that SB 63 be deferred to Thursday, February 15th, the
twenty-fourth legislative day.
Which motion prevailed.
Sen. Maher moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 15th, the twenty-fourth legislative day.
Which motion prevailed.
Sen. Maher moved that the report of the Standing Committee on
Education on HCR 1001 as found on page 444 of the Senate Journal be adopted.
Which motion prevailed.
HB 1159: FOR AN ACT ENTITLED, An Act to revise certain notification provisions
regarding damage of underground facilities.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1184: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding
waste disposal lines along or under highways.
Was read the first time and referred to the Committee on Transportation.
HB 1199: FOR AN ACT ENTITLED, An Act to prohibit collective bargaining by
employees of the Board of Regents.
Was read the first time and referred to the Committee on State Affairs.
HB 1252: FOR AN ACT ENTITLED, An Act to prohibit certain government entities from
restricting the wearing of tribal regalia during certain events.
Was read the first time and referred to the Committee on Education.
HB 1280: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
calculation of suspended prison sentences.
Was read the first time and referred to the Committee on Judiciary.
HB 1304: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
challenges to petition signatures.
Was read the first time and referred to the Committee on State Affairs.
HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to
perform dry needling as a treatment technique.
Was read the second time.
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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1205: FOR AN ACT ENTITLED, An Act to require certain health benefit plans to
provide coverage to persons with a serious medical condition for certain dental care services.
Was read the second time.
The question being "Shall HB 1205 pass as amended?"
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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
riparian buffer strips.
Was read the second time.
The question being "Shall HB 1119 pass as amended?"
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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
eligibility to serve on the Game, Fish, and Parks Commission.
Was read the second time.
The question being "Shall HB 1148 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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
State Conservation Commission and conservation districts.
The question being "Shall HB 1214 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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
Sen. Sutton requested a fiscal note on SB 100.
Which request was supported.
SB 204: FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day
as a working holiday.
Was read the second time.
The question being "Shall SB 204 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Jensen (Phil);
Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann;
White; Wiik; Youngberg
Excused:
Killer
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions that authorize
the secretary of transportation to provide for temporary variable speed limits on state highways
in the interests of highway safety due to varying weather, road work, and other conditions.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. Curd's pending motion to amend HB 1008 as found on
page 438 of the Senate Journal.
Sen. Stalzer requested a roll call vote.
Which request was supported.
And the roll being called:
Yeas 17, Nays 17, Excused 1, Absent 0
Yeas:
Cammack; Curd; Greenfield (Brock); Klumb; Kolbeck; Langer; Nelson; Netherton; Novstrup;
Otten (Ernie); Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann
Nays:
Bolin; Cronin; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Maher; Monroe;
Nesiba; Partridge; Peters; Sutton; White; Wiik; Youngberg
Excused:
Killer
So the motion not having received an affirmative vote of a majority of the members-elect,
the Senate Majority Leader declared the motion lost.
And the roll being called:
Yeas 9, Nays 25, Excused 1, Absent 0
Yeas:
Cammack; Kennedy; Nesiba; Otten (Ernie); Rusch; Solano; Stalzer; Tapio; White
Nays:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Partridge; Peters;
Russell; Soholt; Sutton; Tidemann; Wiik; Youngberg
Excused:
Killer
So the bill not having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill lost.
HB 1217: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting
of mourning doves on certain property.
Was read the second time.
The question being "Shall HB 1217 pass?"
And the roll being called:
Yeas 5, Nays 28, Excused 2, Absent 0
Yeas:
Cammack; Greenfield (Brock); Partridge; Rusch; Tidemann
Nays:
Bolin; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Klumb;
Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Peters; Russell;
Soholt; Solano; Stalzer; Sutton; Tapio; White; Wiik; Youngberg
Excused:
Killer; Otten (Ernie)
So the bill not having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill lost.
Was read the second time.
The question being "Shall HB 1099 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Klumb; Kolbeck; Maher; Nelson; Nesiba; Netherton; Novstrup; Peters; Rusch; Soholt; Solano;
Stalzer; Sutton; Tapio; Tidemann; White
Nays:
Cronin; Jensen (Phil); Langer; Monroe; Partridge; Russell; Wiik; Youngberg
Excused:
Killer; Otten (Ernie)
So the bill having received an affirmative vote of a majority of the members-elect, the
Senate Majority Leader declared the bill passed and the title was agreed to.
HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees
charged for security freezes.
Was read the second time.
The question being "Shall HB 1127 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; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Excused:
Killer; Otten (Ernie)
There being no objection, the Senate reverted to Order of Business No. 13.
The President Pro tempore presiding.
SJR 3: A JOINT RESOLUTION, To apply for a convention of states under Article V of
the Constitution of the United States to impose fiscal restraints on the federal government and
limit the power and jurisdiction of the federal government.
Was read the second time.
The question being "Shall SJR 3 pass?"
And the roll being called:
Yeas 16, Nays 18, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Curd; Jensen (Phil); Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup;
Otten (Ernie); Soholt; Stalzer; Tidemann; Wiik; Youngberg
Nays:
Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Nelson;
Nesiba; Partridge; Peters; Rusch; Russell; Solano; Sutton; Tapio; White
Excused:
Killer
So the resolution not having received an affirmative vote of a majority of the
members-elect, the President Pro tempore declared the resolution lost.
SC 36 Introduced by: Senators Novstrup, Bolin, Cronin, Curd, Ewing, Frerichs, Maher,
White, and Wiik and Representatives Dennert, Gosch, Greenfield (Lana), Kaiser, Lake,
Latterell, Peterson (Kent), Peterson (Sue), Qualm, and Rounds
SC 37 Introduced by: Senators Heinert, Kennedy, Killer, Nesiba, and Sutton and
Representatives Ahlers, Bordeaux, McCleerey, Ring, Schaefer, Smith, and Wismer
SC 38 Introduced by: Senators Wiik, Bolin, Klumb, Peters, and Tidemann and
Representatives Mills, Johns, Kettwig, Mickelson, and Otten (Herman)
Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at
3:58 p.m. the Senate adjourned.