The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by Senate pages Chelsie Beyl and Gina Elmore.
Roll Call: All members present except Sen. Brown who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the tenth 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 8 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
HB 1035 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 23
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 66
which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1012, 1028, 1029, 1030, 1031, 1033, 1039, 1041,
1047, 1048, 1053, and 1060 which have passed the House and your favorable consideration is
respectfully requested.
Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 31, the 12th legislative day.
Which motion prevailed.
HCR 1006: A CONCURRENT RESOLUTION, Recognizing the anniversary of the
addition of the words "under God" to the United States Pledge of Allegiance.
Was read the second time.
Sen. Van Gerpen moved that the Senate do concur in HCR 1006 as found on page 114 of
the House Journal.
The question being on Sen. Van Gerpen's motion that HCR 1006 be concurred in.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Buhl O'Donnell
Excused:
Brown
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1006 was concurred in.
Sen. Rave moved that HCR 1007, which committee assignment was waived on January
29, the 10th Legislative Day as found on page 149 of the Senate Journal, be referred to the
Committee on Commerce and Energy.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Marilyn Hoyt
of Beadle County, Huron, South Dakota, to the Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Marilyn Hoyt pursuant to the executive message as found on page 123 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Begalka; Jensen
Excused:
Brown
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Glenna N.
Fouberg of Brown County, Aberdeen, South Dakota, to the Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Glenna N. Fouberg pursuant to the executive message as found on page 123 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Matthew P.
Jamison of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.
The question being "Does the Senate advise and consent to the executive appointment of
Matthew P. Jamison pursuant to the executive message as found on page 143 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Kevin R. Griese
of Hughes County, Pierre, South Dakota, as Assistant Adjutant General, Army.
The question being "Does the Senate advise and consent to the executive appointment of
Kevin R. Griese pursuant to the executive message as found on page 143 of the Senate Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Brown
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
SB 124 Introduced by: Senators Peters, Brown, Curd, Frerichs, Heineman (Phyllis), Jones
(Chuck), Jones (Tom), Lederman, Maher, Novstrup (Al), Rave, Soholt, Solano, Sutton, Tieszen,
and White and Representatives Greenfield, Bartling, Conzet, Cronin, Dryden, Gosch, Hawley,
Hoffman, Latterell, Lust, Mickelson, Novstrup (David), Tyler, Westra, and Wink
FOR AN ACT ENTITLED, An Act to revise certain reimbursement provisions relating to
legislators-elect and newly appointed legislators.
Was read the first time and referred to the Committee on Appropriations.
SB 125 Introduced by: Senators Tieszen, Brown, Ewing, Jensen, Jones (Tom), Kirkeby,
Lucas, Monroe, Novstrup (Al), Omdahl, Rampelberg, Rhoden, Solano, and Welke and
Representatives Craig, Bolin, Cammack, Cronin, Ecklund, Hawley, Heinert, Hickey, Hoffman,
Johns, Kaiser, Kopp, Latterell, Magstadt, Nelson, Olson (Betty), Peterson, Qualm, Rasmussen,
Schoenfish, Verchio, and Wick
FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from loitering in
certain areas.
Was read the first time and referred to the Committee on Judiciary.
SB 126 Introduced by: Senators Jensen, Begalka, Bradford, Curd, Ewing, Jones (Chuck),
Jones (Tom), Lederman, Maher, Monroe, Otten (Ernie), Rampelberg, Sutton, Van Gerpen, and
Welke and Representatives Sly, Campbell, Craig, Feickert, Haggar (Don), Haggar (Jenna),
Heinemann (Leslie), Hickey, Hunhoff (Bernie), Kaiser, Killer, Kopp, Latterell, May, Nelson,
Olson (Betty), Otten (Herman), Peterson, Qualm, Rasmussen, Russell, Schaefer, Schoenfish,
Schrempp, Stalzer, Steele, Tulson, Tyler, and Werner
FOR AN ACT ENTITLED, An Act to regulate the sale of raw milk for human consumption.
SB 127 Introduced by: Senators Heineman (Phyllis), Begalka, Curd, Jones (Chuck),
Kirkeby, Krebs, Novstrup (Al), Rampelberg, Soholt, Van Gerpen, Vehle, and Welke and
Representatives Sly, Bartling, Craig, Gibson, Greenfield, Johns, Killer, May, Mickelson, Olson
(Betty), Otten (Herman), Parsley, Rounds, Tyler, and Wick
FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Teach for
America grant program.
Was read the first time and referred to the Committee on State Affairs.
SB 128 Introduced by: Senators Jensen, Begalka, and Holien and Representatives
Campbell, Kopp, May, Nelson, Olson (Betty), Qualm, Russell, Steele, and Wick
FOR AN ACT ENTITLED, An Act to protect the citizens and businesses of South Dakota
regarding speech pertaining to views on sexual orientation and to provide for the defense of such
citizens and businesses.
Was read the first time and referred to the Committee on Judiciary.
SB 129 Introduced by: Senators Jensen, Begalka, Krebs, Lederman, Monroe, Omdahl, and
Rampelberg and Representatives May, Bolin, Campbell, Haggar (Don), Haggar (Jenna), Kaiser,
Kopp, Latterell, Nelson, Olson (Betty), Russell, Schaefer, Stalzer, and Steele
FOR AN ACT ENTITLED, An Act to supplant the Common Core State Standards.
Was read the first time and referred to the Committee on Education.
SB 130 Introduced by: Senators Bradford, Begalka, Frerichs, Kirkeby, Rave, Sutton, and
Tidemann and Representatives Heinert, Campbell, Erickson, Feickert, Gibson, Hawks, Killer,
Olson (Betty), Otten (Herman), Soli, and Tyler
FOR AN ACT ENTITLED, An Act to reinstate certain civil actions for childhood sexual
abuse if subsequent legislation had the effect of limiting the plaintiff's right to recovery.
Was read the first time and referred to the Committee on Judiciary.
SB 131 Introduced by: Senators Welke, Begalka, Bradford, Brown, Buhl O'Donnell, Frerichs, Jones (Chuck), Jones (Tom), Kirkeby, Krebs, Lederman, Lucas, Novstrup (Al), Rampelberg, Rave, Soholt, Sutton, Tidemann, Tieszen, and White and Representatives Gibson, Anderson, Campbell, Feickert, Kirschman, May, Novstrup (David), Olson (Betty), Otten
(Herman), Parsley, Peterson, Qualm, Ring, Rounds, Schaefer, Schoenfish, Schrempp, Stevens,
Tulson, Tyler, and Werner
FOR AN ACT ENTITLED, An Act to provide that a truancy complaint is grounds to refuse
a certificate for excuse from school attendance.
Was read the first time and referred to the Committee on Education.
SB 132 Introduced by: Senators Kirkeby, Bradford, Krebs, Maher, Rampelberg, and Sutton
and Representatives Hajek, Erickson, Feickert, Feinstein, Gibson, Parsley, and Stalzer
FOR AN ACT ENTITLED, An Act to provide for the development of a rural 211 system
for the purpose of providing access to all South Dakotans who need information about
community resources and disaster response resources and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
SB 133 Introduced by: Senators Jensen, Begalka, Lederman, Maher, Novstrup (Al),
Omdahl, Otten (Ernie), and Rampelberg and Representatives Nelson, Craig, Greenfield, Haggar
(Don), Hoffman, Kopp, May, Olson (Betty), Russell, Stalzer, Steele, and Wick
FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political
subdivisions from restricting firearms, to assert the sovereignty of the State of South Dakota
with regards to the regulation of arms and weapons, and to provide recourse and penalties for
violations.
Was read the first time.
SB 134 Introduced by: Senators Frerichs, Begalka, Brown, and Lucas and Representatives
Bartling and Werner
FOR AN ACT ENTITLED, An Act to authorize a winter load increase of certain motor
vehicle weight restrictions.
Was read the first time and referred to the Committee on Transportation.
SB 135 Introduced by: Senators Rampelberg, Ewing, Jensen, Krebs, Lucas, Otten (Ernie),
and Tieszen and Representatives Verchio, Cammack, Campbell, Craig, Gosch, Johns, Kopp,
Magstadt, Olson (Betty), Romkema, and Wink
FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the
suppression of mountain beetles through the all lands mountain pine beetle suppression
program.
The following bill was read on January 15, and today the President Pro tempore assigned
this bill to committee.
SB 60 was referred to the Committee on Transportation.
The following bill was read on January 29, and today the President Pro tempore assigned
this bill to committee.
SB 114 was referred to the Committee on Commerce and Energy.
HB 1012: FOR AN ACT ENTITLED, An Act to provide for free resident fishing licenses
for certain entities teaching basic fishing skills.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1028: FOR AN ACT ENTITLED, An Act to revise the amount counties may be
reimbursed for the detainment of parole violators.
Was read the first time and referred to the Committee on Appropriations.
HB 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the
Richard Hagen-Minerva Harvey memorial scholarship program.
Was read the first time and referred to the Committee on Education.
HB 1030: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain
evaluation data.
Was read the first time and referred to the Committee on Education.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
definition of and the diagnosing of autism and to revise the definition of a level five disability
for purposes of state aid for special education funding.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Education.
HB 1039: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions
relating to the General Appropriations Act for fiscal year 2013.
Was read the first time and referred to the Committee on Appropriations.
HB 1041: FOR AN ACT ENTITLED, An Act to make an appropriation for the railroad
trust fund and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1047: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions.
Was read the first time and referred to the Committee on State Affairs.
HB 1048: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
property and casualty insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of insurance rating organizations.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
military speciality plates.
Was read the first time and referred to the Committee on Transportation.
Sen. Rave requested that SB 3 be removed from the Consent Calendar.
SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions in statute and
administrative rules regarding the regulation of campgrounds and the license fee for
campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service
campgrounds, limited service campgrounds, and temporary campgrounds.
Was read the second time.
The question being "Shall SB 29 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
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 58: FOR AN ACT ENTITLED, An Act to provide for permits to be issued for certain
harvest vehicles.
Was read the second time.
The question being "Shall SB 58 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
HB 1017: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary
statutes related to the Department of Social Services.
Was read the second time.
The question being "Shall HB 1017 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
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 revise certain provisions regarding the
record-keeping process of child welfare agencies to the Department of Social Services.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission
to establish limited speed zones on nonstate trunk highways under the jurisdiction of the
Department of Transportation.
Was read the second time.
The question being "Shall HB 1037 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
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 1016: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary
statutes and administrative rules pertaining to the Department of Public Safety.
Was read the second time.
The question being "Shall HB 1016 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
HB 1026: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's
interests in the Webster National Guard armory and underlying land to the city of Webster.
Was read the second time.
The question being "Shall HB 1026 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Brown
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 1027: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's
interests in the Watertown National Guard armory to the city of Watertown.
Was read the second time.
The question being "Shall HB 1027 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; 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. Rave moved that SB 3 be deferred to Monday, February 10, the 17th legislative day.
Sen. Rave moved that SB 2 and SB 7 be deferred to Monday, February 10, the 17th
legislative day.
Which motion prevailed.
SB 65: FOR AN ACT ENTITLED, An Act to revise and clarify voter eligibility for road
district elections.
Was read the second time.
The question being "Shall SB 65 pass?"
And the roll being called:
Yeas 24, Nays 10, Excused 1, Absent 0
Yeas:
Begalka; Curd; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck);
Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Novstrup (Al); Omdahl; Otten (Ernie);
Rampelberg; Rave; Rhoden; Soholt; Solano; Van Gerpen; White
Nays:
Bradford; Buhl O'Donnell; Ewing; Monroe; Peters; Sutton; Tidemann; Tieszen; Vehle; Welke
Excused:
Brown
Sen. Jensen moved that the Senate do now adjourn, which motion prevailed and at
3:12 p.m. the Senate adjourned.