The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by Senate page Chance Freese.
Roll Call: All members present except Sens. Rave and Van Gerpen who were excused.
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 Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 126 and 127 and finds the same correctly enrolled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 114
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 206
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
The Committee on Commerce and Energy 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 Commerce and Energy respectfully reports that it has had under
consideration HB 1034 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 Commerce and Energy respectfully reports that it has had under
consideration SB 195 and returns the same with the recommendation that said bill be amended
as follows:
must timely file the affidavit of incentive payment as required by section 5 of this Act, and the
person shall comply with the provisions of this Act to qualify for the incentive payment.
Section 3. Before any person receives any incentive payment as provided in this Act, the
person shall file an application with the department. The application may be filed no sooner than
ninety days before the construction date, or no later than ninety days after the construction date.
No person may receive any incentive payment as provided by this Act if the application is not
timely filed with the department.
Section 4. Upon approval of the application, the secretary shall issue a permit entitling the person to submit an affidavit for incentive payment as provided by section 5 of this Act. The permit and incentive payment are not assignable or transferable except as collateral or security pursuant to chapter 57A-9. However, the secretary may permit the assignment or transfer of a permit and incentive payment if the initial permit holder entity reorganizes into a new entity, if the new entity and the initial entity share common ownership, and the reorganization was
completed solely for a legitimate business purpose. The new entity shall file with the department
an amended application within sixty days of the reorganization.
Section 5. Any person that has timely filed the application and is holding a permit issued by
the department, and has completed the project, shall file an affidavit for incentive payment with
the department.
Section 6. The affidavit for incentive payment as required by section 5 of this Act shall be
filed no later than six months after the completion of the project. If the affidavit for incentive
payment is not timely filed, the person is ineligible for any incentive payment provided by this
Act. If the affidavit for incentive payment contains any false or fraudulent information, the
person is ineligible for any incentive payment provided by this Act.
Section 7. After the timely receipt of a completed affidavit for incentive payment, the
department shall provide an incentive payment to the project owner based upon the final project
costs. The amount of the incentive payment is based on the amount of the final project costs as
follows:
Section 8. The department is hereby granted the continuing appropriation authority to make
the incentive payments provided for by this Act.
Section 9. Any person receiving an incentive payment for a project pursuant to the
provisions of this Act may not receive any other refund, incentive payment, lower tax rate,
payment, or other incentive from the department for that project.
Section 10. Any person who files a false or fraudulent application pursuant to section 3 of
this Act is guilty of a Class 1 misdemeanor. Any person who files a false or fraudulent affidavit
for incentive payment pursuant to section 5 of this Act is guilty of a Class 6 felony.
Section 11. If the project is located on land that is included within the agreement area of a
tax collection agreement entered into by the state and an Indian tribe pursuant to chapter
10-12A, the department is only obligated to pay a percentage of the incentive payment as
required by this Act equal to the percentage of funds that the department retains pursuant to the
terms of the tax collection agreement.
Section 13. Any person aggrieved by the denial in whole or in part of an incentive payment
claimed under the provisions of this Act, may within thirty days after service of the notice of
such denial by the secretary, demand and is entitled to a hearing, upon notice, before the
secretary. The hearing shall be conducted pursuant to chapter 1-26.
Section 14. The secretary may promulgate rules, pursuant to chapter 1-26, concerning the
procedures for applying for the incentive payment and the requirements necessary to qualify for
the incentive payment.
Section 15. That § 10-35-22 be amended to read as follows:
10-35-22. Any company requiring transmission lines or wind farm collector systems or both
in South Dakota for a wind farm or a power generation facility as described in § 10-35-1.3, is
eligible for a partial rebate of the tax paid under § 10-35-19. The company shall apply for the
rebate on forms prescribed by the secretary. The total amount of tax rebated shall be no more
than fifty percent of the cost of the transmission lines and wind farm collector systems in South
Dakota.
Section 16. That § 10-35-21 be amended to read as follows:
10-35-21. The secretary shall distribute all of the tax deposited in the wind energy tax fund
pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind energy tax fund
pursuant to § 10-35-19 to the county treasurer where the wind farm is located. If the wind
energy tax fund contains less than twenty percent of the gross receipts tax from § 10-35-19, due
to the transmission line rebate under § 10-35-22, the secretary shall distribute the remainder of
funds after the rebate to the county treasurer where the wind farm is located. If a wind farm is
located in more than one county, each county shall receive the same percentage of the tax as the
percentage of wind towers in the wind farm located in the county. Upon receipt of the taxes, the
county auditor shall apportion the tax among all taxing jurisdictions the school districts, the
county, and the organized townships where a wind tower is located. The tax shall be
apportioned in the same manner as agricultural real property taxes would have been apportioned
between the taxing jurisdictions by the county auditor by allocating fifty percent of the tax to
the school district where each wind tower is located, fifteen percent to the organized township
where each wind tower is located, and thirty-five percent to the county. If a wind tower is
located in a township that is not organized, the unorganized township's share of the tax for that
wind tower is allocated to the county. The secretary shall distribute the money to the counties
on or before the first day of May.
Section 17. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval. "
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 238 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 183 and returns the same with the recommendation that said bill be
amended as follows:
"Section 1. That § 41-9-1 be amended to read as follows:
41-9-1. Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private
land without permission from the owner or lessee of the land. Under the terms of this section,
a person in possession of a valid hunting license and a firearm is deemed to be hunting if the
person is traveling by foot or motor vehicle upon or across private land in an attempt to locate,
flush, drive, pursue, or take game or is en route to a hunting destination. A violation of this
section is a Class 2 misdemeanor and is subject to § 41-9-8. "
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Wanda Blair of Vale, South Dakota, to the South Dakota
Brand Board and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Lyla Hutchison of Wounded Knee, South Dakota, to the
South Dakota Brand Board and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 178 which was tabled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 192 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1135, 1189, and 1249 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to return herewith SB 126 and 127 which have passed the House without
change.
I have the honor to transmit herewith HCR 1005 which has been adopted by the House and
your concurrence is respectfully requested.
HCR 1005: A CONCURRENT RESOLUTION, Recognizing November 2013 as COPD
Awareness Month.
Was read the first time, the President waived the referral to committee, and placed
HCR 1005 on the calendar of Friday, February 15, the 24th legislative day.
Yesterday, Sen. Buhl announced her intention to reconsider the vote by which SB 215 lost.
Sen. Buhl moved that the Senate do now reconsider the vote by which SB 215 lost.
And the roll being called:
Yeas 17, Nays 16, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Holien; Jones; Kirkeby; Krebs; Lucas; Maher;
Rampelberg; Soholt; Sutton; Tidemann; Tieszen; Welke
Nays:
Brown; Ewing; Heineman (Phyllis); Hunhoff (Jean); Jensen; Johnston; Lederman; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rhoden; Vehle; White
Excused:
Rave; Van Gerpen
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1006: A CONCURRENT RESOLUTION, Petitioning the President of the United
States and the Department of State to authorize the Keystone XL Pipeline.
Sen. Lederman moved that the Senate do concur in HCR 1006 as found on page 339 of the
House Journal.
The question being on Sen. Lederman's motion that HCR 1006 be concurred in.
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Bradford; Buhl; Lucas
Excused:
Rave; Van Gerpen
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 15, the 24th legislative day.
Which motion prevailed.
Sen. Brown moved that SB 217 be referred from the Committee on Taxation to the
Committee on Appropriations.
Which motion prevailed.
Sen. Olson moved that SB 169 be placed to follow 186 on today's calendar.
Which motion prevailed.
Sen. Olson moved that SB 44 be deferred to Friday, February 15, the 24th legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Taxation on SB 199 as found on page 389 of the Senate Journal; also
Transportation on SB 143 as found on page 388 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Tidemann moved that the words "without recommendation" be stricken from the
report of the Committee on Transportation on SB 143, that the words "do pass" be inserted, and
that the bill be placed on the calendar of Friday, February 15, the 24th legislative day.
The question being on Sen. Tidemann's motion that the words "without recommendation"
be stricken from the report of the Committee on Transportation on SB 143, that the words "do
pass" be inserted, and that the bill be placed on the calendar of Friday, February 15, the 24th
legislative day.
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, and SB 143 was so placed.
HB 1135: FOR AN ACT ENTITLED, An Act to regulate access to and use of public
waters on public and private property.
Was read the first time and referred to the Committee on State Affairs.
HB 1189: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital
improvement property tax for highways, secondary roads, bridges, and culverts.
Was read the first time and referred to the Committee on Taxation.
HB 1249: FOR AN ACT ENTITLED, An Act to provide salary assistance to counties for
veterans service officers.
Was read the first time and referred to the Committee on Appropriations.
The Senate proceeded to the consideration of the executive appointment of James E.
Putnam of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.
The question being "Does the Senate advise and consent to the executive appointment of
James E. Putnam pursuant to the executive message as found on page 320 of the Senate
Journal?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
HB 1106: FOR AN ACT ENTITLED, An Act to revise certain Limited Liability Company
statutes.
Was read the second time.
The question being "Shall HB 1106 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
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 1023: FOR AN ACT ENTITLED, An Act to revise certain rules relating to the
Department of Human Services Medicaid waiver programs.
The question being "Shall HB 1023 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
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 1169: FOR AN ACT ENTITLED, An Act to amend the provisions regarding the
reimbursement of a physical exam of a victim after a rape.
Was read the second time.
The question being "Shall HB 1169 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
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 31: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction
of a maintenance building and to authorize the razing of three buildings at the STAR Academy
in Custer County.
Was read the second time.
The question being "Shall SB 31 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
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 42: FOR AN ACT ENTITLED, An Act to update references to federal regulations
regarding safe transport of hazardous materials.
Was read the second time.
The question being "Shall SB 42 pass?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Olson
(Russell); Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Vehle; Welke; White
Excused:
Rave; Van Gerpen
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 186: FOR AN ACT ENTITLED, An Act to establish Good Earth State Park at Blood
Run in Lincoln County.
Was read the second time.
The question being "Shall SB 186 pass?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Maher; Novstrup (Al)
Excused:
Rave; Van Gerpen
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 169: FOR AN ACT ENTITLED, An Act to provide for the assignment of insurance
payments for ambulance service providers.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. Brown's pending motion to amend SB 169 as found on
page 382 of the Senate Journal.
Sen. Holien requested a roll call vote on Sen. Brown's pending motion to amend SB 169.
Which request was supported.
The question now being on Sen. Brown's pending motion to amend SB 169 as found on
page 382 of the Senate Journal.
And the roll being called:
Yeas 19, Nays 14, Excused 2, Absent 0
Yeas:
Bradford; Brown; Buhl; Hunhoff (Jean); Johnston; Jones; Lederman; Lucas; Maher; Monroe;
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; White
Nays:
Adelstein; Begalka; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Kirkeby; Krebs;
Novstrup (Al); Omdahl; Tieszen; Vehle; Welke
Excused:
Rave; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
And the roll being called:
Yeas 7, Nays 26, Excused 2, Absent 0
Yeas:
Brown; Johnston; Lederman; Maher; Monroe; Olson (Russell); Rhoden
Nays:
Adelstein; Begalka; Bradford; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Jones; Kirkeby; Krebs; Lucas; Novstrup (Al); Omdahl; Otten (Ernie); Peters;
Rampelberg; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Rave; Van Gerpen
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Brown moved that HB 1019, 1020, 1091, 1011, 1071, 1072, 1073, 1074, 1125, 1127,
and 1070 be deferred to Friday, February 15, the 24th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 126: FOR AN ACT ENTITLED, An Act to revise the provisions that authorize
townships to combine the offices of the clerk and the treasurer.
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
health and educational facilities authority.
And signed the same in the presence of the Senate.
Sen. Otten moved that the Senate do now adjourn, which motion prevailed and at 3:46 p.m.
the Senate adjourned.