The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by Senate page Tomas Martinez.
Roll Call: All members present except Sen. Curd 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 sixteenth 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 _ Priscilla Boland, Sidney Carey, Jocelynn Keffeler, Tomas Martinez, Victoria
Murphy, Mitchell Rave, Bridget Redder, Jessica Welter, Krystal Worster
Which was subscribed to and placed on file in the office of the Secretary of State.
The President introduced Riley Smith, Rapid City, South Dakota, 2013 South Dakota 4-H
Rodeo Ambassador, to the body.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 10, 2014, I approved Senate Bills 30, 56,
and 57, and the same have been deposited in the office of the Secretary of State.
The Committee on Taxation respectfully reports that it has had under consideration SB 167
and HB 1058 and returns the same with the recommendation that said bills do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 150 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 142 and 169 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 3 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 39 and HB 1079 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 134 and 153 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 58 and finds the same correctly enrolled.
I have the honor to return herewith SB 58 which has passed the House without change.
I have the honor to transmit herewith HB 1131 and 1105 which have passed the House and
your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1013 which has been adopted by the House and
your concurrence is respectfully requested.
Sen. Rave moved that SB 122 be referred from the Committee on Commerce and Energy
to the Committee on Health and Human Services.
Which motion prevailed.
HCR 1013: A CONCURRENT RESOLUTION, Commemorating the 200th anniversary of
the War of 1812 and "The Star Spangled Banner", and recognizing the historical significance,
heroic human endeavor, and sacrifices of members of the United States Army, Marine Corps,
Navy, Revenue Marine Service, and state militias, during and since the War of 1812.
Was read the first time, the President waived the referral to committee, and placed
HCR 1013 on the calendar of Tuesday, February 11, the 18th legislative day.
HCR 1010: A CONCURRENT RESOLUTION, Requesting the Committee on
Government Operations and Audit to conduct hearings relating to the operations of the
Governor's Office of Economic Development.
Was read the second time.
Sen. Frerichs moved that the Senate do concur in HCR 1010 as found on page 244 of the
House Journal.
The question being on Sen. Frerichs' motion that HCR 1010 be concurred in.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Nays:
Omdahl
Excused:
Curd
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1010 was concurred in.
Sen. Rave moved that the reports of the Standing Committees on
Transportation on SB 54 as found on page 252 of the Senate Journal; also
Appropriations on SB 15 as found on page 253 of the Senate Journal; also
State Affairs on SB 51 as found on page 254 of the Senate Journal; also
State Affairs on SB 116 as found on page 254 of the Senate Journal; also
State Affairs on SB 163 as found on page 254 of the Senate Journal be adopted.
Which motion prevailed.
HB 1131: FOR AN ACT ENTITLED, An Act to clarify that a credit card is not required
to establish a revolving credit account.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1105: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the compilation and publication of certain local government annual fiscal
reports.
Was read the first time and referred to the Committee on Local Government.
Sen. Peters requested that SB 115 be removed from the Consent Calendar.
SB 147: FOR AN ACT ENTITLED, An Act to revise the composition of the governing
body of a health maintenance organization.
Was read the second time.
The question being "Shall SB 147 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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:
Curd
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 151: FOR AN ACT ENTITLED, An Act to revise the appointment process for the State
Veterans Home superintendent.
Was read the second time.
The question being "Shall SB 151 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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.
HB 1009: FOR AN ACT ENTITLED, An Act to repeal the creation of the commemorative
medallion fund.
Was read the second time.
The question being "Shall HB 1009 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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:
Curd
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 1010: FOR AN ACT ENTITLED, An Act to repeal the tree nursery reserve fund.
Was read the second time.
The question being "Shall HB 1010 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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 106 be deferred to Monday, February 24, the 25th legislative day.
Which motion prevailed.
Sen. Rave moved that SB 7, 5, 4, 3, 2, and 6, in that order, be placed at the top of today's
calendar to precede SB 98.
Which motion prevailed.
SB 7: FOR AN ACT ENTITLED, An Act to modify the persons eligible for protection
from domestic abuse and to revise certain terminology.
The question being "Shall SB 7 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Omdahl; Peters; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Otten (Ernie)
Excused:
Curd; Rampelberg
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 SB 5 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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:
Curd
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 4: FOR AN ACT ENTITLED, An Act to ensure notice to the respondent and
opportunity for the respondent to be heard prior to enforcement of certain foreign domestic
protection orders.
Was read the second time.
The question being "Shall SB 4 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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:
Curd
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 SB 3 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; 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:
Curd
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 2: FOR AN ACT ENTITLED, An Act to provide for the delayed arrest, under certain
circumstances, in regard to certain outstanding warrants for victims of domestic abuse with
minor children.
Was read the second time.
The question being "Shall SB 2 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Omdahl
Excused:
Curd
SB 6: FOR AN ACT ENTITLED, An Act to establish the crime of committing certain acts
of domestic abuse in the presence of a minor child.
Was read the second time.
Sen. Rave moved the previous question.
Which motion prevailed.
The question being "Shall SB 6 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher;
Novstrup (Al); Omdahl; Peters; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Jensen; Monroe; Otten (Ernie); Rampelberg
Excused:
Curd
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 98: FOR AN ACT ENTITLED, An Act to allow certain municipalities to charge a
higher occupational tax.
Was read the second time.
The question being "Shall SB 98 pass?"
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Nays:
Begalka; Brown; Buhl O'Donnell; Holien; Hunhoff (Jean); Jensen; Maher; Novstrup (Al);
Omdahl; Otten (Ernie); Peters; Rhoden; Sutton; Tidemann; Van Gerpen; Vehle
Excused:
Curd
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 91: FOR AN ACT ENTITLED, An Act to revise certain licensure definitions and
provide certain regulatory powers to municipalities.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 91 pass?"
And the roll being called:
Yeas 26, Nays 5, Excused 4, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jones (Chuck); Kirkeby; Krebs; Lederman; Monroe; Novstrup (Al); Peters;
Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Maher; Omdahl; Otten (Ernie); Rhoden; Solano
Excused:
Curd; Jensen; Jones (Tom); Lucas
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 127: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Teach
for America grant program.
Was read the second time.
Sen. Sutton requested a roll call vote.
Which request was supported.
The question being on Sen. Tidemann's motion that SB 127 be further amended.
And the roll being called:
Yeas 14, Nays 19, Excused 2, Absent 0
Yeas:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Hunhoff (Jean); Jensen; Lucas; Maher; Omdahl;
Peters; Sutton; Tidemann; Van Gerpen; Welke
Nays:
Begalka; Brown; Heineman (Phyllis); Holien; Jones (Chuck); Kirkeby; Krebs; Lederman;
Monroe; Novstrup (Al); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Tieszen;
Vehle; White
Excused:
Curd; Jones (Tom)
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
And the roll being called:
Yeas 22, Nays 10, Excused 3, Absent 0
Yeas:
Begalka; Brown; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Kirkeby; Krebs;
Lederman; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt;
Solano; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Lucas; Maher; Peters; Sutton; Tidemann; Welke
Excused:
Curd; Jensen; Jones (Tom)
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
Sen. Heineman (Phyllis) announced her intention to reconsider the vote by which SB 127
lost.
Sen. Rave moved that SB 82, 25, 97, 59, and 60 and HB 1061, 1029, 1012, 1015, and 1045
be deferred to Tuesday, February 11, the 18th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 58: FOR AN ACT ENTITLED, An Act to provide for permits to be issued for certain
harvest vehicles.
HB 1044: FOR AN ACT ENTITLED, An Act to authorize limited cosmetology services
outside of a licensed salon or booth.
HB 1047: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions.
HB 1049: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions
regarding the South Dakota Athletic Commission.
HB 1070: FOR AN ACT ENTITLED, An Act to sunset certain tax refund claims for an
economic development incentive program that has been previously terminated and to declare
an emergency.
And signed the same in the presence of the Senate.
SC 14 Introduced by: Senators Welke, Begalka, Bradford, Buhl O'Donnell, Frerichs, Jones
(Tom), Kirkeby, Lederman, Lucas, Monroe, Novstrup (Al), Omdahl, Sutton, Tieszen, and White
and Representatives Tulson, Feickert, Feinstein, Greenfield, Hawley, Heinert, Killer,
Kirschman, Rasmussen, Ring, Schoenfish, and Tyler
SC 15 Introduced by: Senators Welke, Begalka, Bradford, Buhl O'Donnell, Frerichs, Jones
(Tom), Kirkeby, Lederman, Lucas, Monroe, Novstrup (Al), Omdahl, Sutton, Tieszen, and White
and Representatives Tulson, Feickert, Feinstein, Greenfield, Hawley, Heinert, Killer,
Kirschman, Ring, Schoenfish, and Tyler
as Coach of the Year by the South Dakota High School Coaches Association, and assistant
coaches Kari Jung and Abby Woytossak; and
SC 16 Introduced by: Senators Welke, Begalka, Bradford, Buhl O'Donnell, Frerichs, Jones
(Tom), Kirkeby, Lederman, Lucas, Monroe, Novstrup (Al), Omdahl, Sutton, Tieszen, and White
and Representatives Tulson, Feickert, Feinstein, Greenfield, Hawley, Heinert, Killer,
Kirschman, Rasmussen, Ring, Schoenfish, and Tyler
Miranda Ristau; All-Conference Team members Kaitlyn Boesl, Carly Rozell, Miranda Ristau,
and Ashley Rozell; and All-Tourney Team at the South Dakota State Class B Volleyball
Tournament including Ashley Rozell, Miranda Ristau, and Carly Rozell; and
Sen. Lucas moved that the Senate do now adjourn, which motion prevailed and at
4:43 p.m. the Senate adjourned.