The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of
Allegiance led by Senate pages Amy Beyl and Caley Dauwen.
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 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.
Pages _ Amy Beyl, Caley Dauwen, Zane Frederick, Haley Hohn, Emily Ketteler, Lucas
Peterson, Thea Rave, Madeline Schueller, Shelby Simon, Tessa Stoltenburg
Which was subscribed to and placed on file in the office of the Secretary of State.
The Committee on Transportation respectfully reports that it has had under consideration
SB 107 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 81 and returns the same with the recommendation that said bill be amended as follows:
32-5-109.4. An owner of a motor vehicle, who is a resident of this state, who has a valid
South Dakota driver's license, and who signs an affidavit attesting to the fact that he or she is
an honorably discharged veteran having served on active duty in the armed forces of the United
States or who is currently serving on active duty in the armed forces of the United States, may
apply to the secretary to receive a set of special motor vehicle license plates designating the
person as a veteran or active duty member. If an owner of a motor vehicle falsely attests that he
or she is an honorably discharged veteran having served on active duty in the armed forces of
the United States or is currently serving on active duty in the armed forces of the United States,
the owner is guilty of a Class 2 misdemeanor. The plate may allow for additional indication of
the conflict, rank, or status of the veteran or active duty member. The special plates shall be
displayed as set forth in § 32-5-98. The special license plate shall be reflectorized and validated
each year with a sticker in the same manner as a noncommercial license plate. In addition to the
noncommercial license plate fees an additional fee of ten dollars shall be charged for the initial
issuance of the special license plates. However, no additional fee may be charged for the
renewal stickers placed on the special license plates. If it is determined that the veteran or active
duty member owner does not qualify for the special plates or if the veteran or active duty
member owner dies, the plates shall be surrendered to the county treasurer of the applicant's
residence. However, if the veteran or active duty member owner dies, the special plates may be
retained by the veteran or active duty member owner's family, but may not be displayed on the
vehicle beyond the expiration of the plates or renewal stickers. The treasurer shall notify the
secretary who shall make the necessary changes in the registration file. Failure to surrender the
special license plates as required by this section is a Class 2 misdemeanor. "
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 113 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 1154 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB 189 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations.
The Committee on Local Government respectfully reports that it has had under
consideration SB 137 and HB 1077 and 1094 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 70 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 1057 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 142
and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 110
and 120 which were deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 162 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 161 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 168 and returns the same with the recommendation that said bill be amended as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 167 and 170 which were deferred to the 41st Legislative Day.
I have the honor to transmit herewith HCR 1005 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SCR 1 in which the House has concurred.
Also MR. PRESIDENT:
I have the honor to transmit herewith HB 1029, 1035, 1114, 1116, 1121, 1125, 1171, 1183,
1186, and 1190 which have passed the House and your favorable consideration is respectfully
requested.
Sen. Rave moved that SB 71 be deferred to Tuesday, February 7, the 16th legislative day.
Which motion prevailed.
Sen. Rave moved that SB 124 be deferred to Tuesday, February 14, the 21st legislative day.
Which motion prevailed.
Which motion prevailed.
SCR 2: A CONCURRENT RESOLUTION, Urging the United States Postal Service to
reconsider the closing of post offices in rural South Dakota.
Was read the second time
Sen. Rhoden moved that SCR 2 as found on page 258 of the Senate Journal be adopted.
The question being on Sen. Rhoden's motion that SCR 2 be adopted.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Nay
Tieszen
Excused:
Gray; Peters
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
HCR 1005: A CONCURRENT RESOLUTION, Urging Congress to clearly delegate
responsibility for the regulation of hydraulic fracturing to the states.
Was read the first time, the President waived the referral to committee, and placed
HCR 1005 on the calendar of Tuesday, February 7, the 16th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 127 as found on page 254 of the Senate Journal; also
Appropriations on SB 46 as found on page 256 of the Senate Journal; also
Judiciary on SB 141 as found on page 256 of the Senate Journal; also
Judiciary on SB 156 as found on page 257 of the Senate Journal; also
Commerce and Energy on SB 99 as found on page 267 of the Senate Journal be adopted.
Which motion prevailed.
HB 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names
of certain delinquent taxpayers.
Was read the first time and referred to the Committee on Taxation.
HB 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of
certain insurance investigations and examinations.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1114: FOR AN ACT ENTITLED, An Act to amend provision limiting the time used
to determine if a violation is a third or subsequent offense.
Was read the first time and referred to the Committee on Judiciary.
HB 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural
purposes from sales and use taxes.
Was read the first time and referred to the Committee on Taxation.
HB 1121: FOR AN ACT ENTITLED, An Act to amend rate stability provisions to include
plant additions.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1125: FOR AN ACT ENTITLED, An Act to clarify the definition of engaging in business in certain circumstances.
HB 1171: FOR AN ACT ENTITLED, An Act to establish a board to regulate certain
emerging complementary health professionals with no current state regulatory board.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts
for physical and occupational therapy services.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1186: FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from
circulating petitions and to provide a penalty for the violation thereof.
Was read the first time and referred to the Committee on Judiciary.
HB 1190: FOR AN ACT ENTITLED, An Act to require Legislative approval before a
health insurance exchange is created or implemented.
Was read the first time and referred to the Committee on Health and Human Services.
SB 100: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive
payment to include qualified producers of biobutanol.
Was read the second time.
The question being "Shall SB 100 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
SB 111: FOR AN ACT ENTITLED, An Act to revise the mining permit fees.
Was read the second time.
The question being "Shall SB 111 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 authorize the Governor's Office of Economic
Development to create and administer a working capital loan program.
Was read the second time.
"Section 6. That chapter 1-53 be amended by adding thereto a NEW SECTION to read as
follows:
Which request was supported.
The question being on Sen. Adelstein's motion that SB 11 be further amended.
And the roll being called:
Yeas 11, Nays 24, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hundstad; Lederman; Maher; Nygaard;
Rampelberg; Sutton
Nays:
Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean);
Johnston; Juhnke; Kraus; Krebs; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters;
Putnam; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
"Section 5. That chapter 1-53 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Adelstein requested a roll call vote.
Which request was supported.
Yeas 11, Nays 24, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Hundstad; Johnston; Krebs; Lederman; Maher; Nygaard;
Rampelberg; Tieszen
Nays:
Begalka; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Juhnke; Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question now being "Shall SB 11 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Begalka; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Nelson (Tom); Novstrup (Al); Nygaard; Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann;
Tieszen; Vehle
Nays:
Adelstein; Bradford; Buhl; Hundstad; Lederman; Maher
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 114: FOR AN ACT ENTITLED, An Act to designate the American bison as the state
mascot animal.
Was read the second time.
The question being "Shall SB 114 pass as amended?"
Yeas 25, Nays 10, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien;
Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell);
Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tieszen
Nays:
Begalka; Buhl; Heineman; Hundstad; Hunhoff (Jean); Novstrup (Al); Peters; Sutton; Tidemann;
Vehle
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.
SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend
the availability of appropriations to replace storage facilities at the Cottonwood Agricultural
Experiment Station.
Was read the second time.
The question being "Shall SB 45 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 195: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, to authorize the construction and establish the state cost share for the Belle Fourche
irrigation upgrade project, and to declare an emergency.
Was read the second time.
The question being "Shall SB 195 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 1011: FOR AN ACT ENTITLED, An Act to revise the definition of domestic use of
water.
Was read the second time.
The question being "Shall HB 1011 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.
Sen. Rave moved that HB 1056 be placed to follow HJR 1001 on today's calendar.
Which motion prevailed.
HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article XVII of the Constitution of the State of South Dakota,
relating to corporations.
Was read the second time.
The question being "Shall HJR 1001 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South
Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for
directors.
Was read the second time.
The question being "Shall HB 1056 pass?"
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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
HB 1003: FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and
decreases that may be made to the total taxable value of cropland and noncropland.
HB 1012: FOR AN ACT ENTITLED, An Act to require public hearings for applications
for oil and gas orders only if contested and to reduce the number of hearing notice publications
required for oil and gas cases.
HB 1013: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes regarding
the Department of Environment and Natural Resources.
And signed the same in the presence of the Senate.
SC 7 Introduced by: Senators Johnston, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler,
Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean),
Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson
(Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen,
and Vehle and Representatives Hansen (Jon), Abdallah, Blake, Bolin, Boomgarden, Brunner,
Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson,
Gosch, Greenfield, Haggar, Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron
Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust,
Magstadt, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch,
Romkema, Rozum, Russell, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Steele, Street,
Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick,
Willadsen, Wink, and Wismer
Sen. Johnston moved that the Senate do now adjourn, which motion prevailed and at
3:45 p.m. the Senate adjourned.