The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate page Mitchell Rave.
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 eighteenth 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 34 and 35 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 58 was delivered to
his Excellency, the Governor, for his approval at 9:45 a.m., February 12, 2014.
The Committee on Local Government respectfully reports that it has had under
consideration SB 173 and returns the same with the recommendation that said bill be amended
as follows:
"Section 2. If an area is petitioned to be formed as a library district under the provisions
of section 1 of this Act and that area contains within its geographical boundaries one or more
municipalities which provide and support library services, then the petition shall be signed only
by those people living outside of, and the election provided by this Act shall be held only
outside of, the boundaries of such municipality or municipalities. However, if the governing
body of a municipality adopts a resolution, such municipality may be included in the election
and if a majority of both voters in the area outside such municipality and the municipal voters,
voting separately, vote to provide library services then such municipal public library services
shall cease. The library services for the area, including the municipality, shall be provided by
the district created by this Act.".
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1110 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1092 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 Health and Human Services respectfully reports that it has had under
consideration SB 172 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1094 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 88 and HB 1056, 1059, and 1060 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1069 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 162
and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That § 10-39-68 be amended to read as follows:
10-39-68. In addition to the tax imposed in § 10-39-43, there is hereby imposed an
additional tax on each ounce of precious metals severed as follows:
Section 2. That § 10-39-45.1 be amended to read as follows:
10-39-45.1. In addition to any other tax imposed in chapter 10-39, there is imposed a tax of
ten eight percent of the net profits from the sale of precious metals severed in this state. ".
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
SB 160, which was reconsidered, which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 99 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
HB 1086 which was deferred to the 41st Legislative Day.
Sen. Rave moved that SB 99 be referred back to the Committee on State Affairs.
Which motion prevailed.
I have the honor to return herewith SB 34 and 35 which have passed the House without
change.
I have the honor to transmit herewith HCR 1014 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1107, 1125, 1126, 1152, 1154, 1168, 1200, 1201,
and 1212 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
Thursday, February 13, the 20th legislative day.
Which motion prevailed.
Was read the first time, the President waived the referral to committee, and placed
HCR 1014 on the calendar of Thursday, February 13, the 20th legislative day.
SCR 3: A CONCURRENT RESOLUTION, Urging the members of the South Dakota
Congressional delegation to sponsor and support the Marketplace Fairness Act, or similar
legislation that would grant the states authority to collect sales and use tax on remote sales.
Was read the second time.
Sen. Peters moved that SCR 3 as found on page 289 of the Senate Journal be adopted.
The question being on Sen. Peters' motion that SCR 3 be adopted.
And the roll being called:
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lucas; Maher; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Lederman; Monroe; Rhoden
Excused:
Curd; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 3 was adopted.
HCR 1015: A CONCURRENT RESOLUTION, In support of protecting American
sovereignty and defending individual second amendment rights from United Nations
interference.
Was read the second time.
Sen. Monroe moved that the Senate do concur in HCR 1015 as found on page 313 of the
House Journal.
The question being on Sen. Monroe's motion that HCR 1015 be concurred in.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones
(Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Van
Gerpen; Vehle; Welke; White
Nays:
Bradford; Buhl O'Donnell; Lucas; Tieszen
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 1015 was concurred in.
The Senate proceeded to the consideration of the executive reappointment of Kelly J.
Duncan of Clay County, Vermillion, South Dakota, to the S.D. Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Kelly J. Duncan pursuant to the executive message as found on page 192 of the Senate
Journal?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); 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:
Begalka; Jensen; Omdahl
Excused:
Curd
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
Sen. Rave moved that the reports of the Standing Committees on
Judiciary on SB 85 as found on page 283 of the Senate Journal; also
Judiciary on SB 143 as found on page 283 of the Senate Journal; also
Agriculture and Natural Resources on SB 46 as found on page 284 of the Senate Journal;
also
Agriculture and Natural Resources on SB 104 as found on page 284 of the Senate Journal;
also
Commerce and Energy on SB 114 as found on page 286 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Rhoden moved as a substitute motion that SB 114 be referred back to the Committee
on Commerce and Energy.
Which motion prevailed.
HB 1107: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding restraint of trade.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1125: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding judicial remedies.
Was read the first time and referred to the Committee on Judiciary.
HB 1126: FOR AN ACT ENTITLED, An Act to revise the persons authorized to
countersign school board payments.
Was read the first time and referred to the Committee on Education.
HB 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
registration of limited partnerships.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1154: FOR AN ACT ENTITLED, An Act to authorize the commissioner of school and
public lands to grant certain surface and subsurface easements to provide access to oil, gas,
minerals, and geothermal resources.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1168: FOR AN ACT ENTITLED, An Act to provide for additional safety measures
on amusement rides and to provide a penalty for failure to properly insure an amusement ride
or device.
HB 1200: FOR AN ACT ENTITLED, An Act to revise certain bank franchise tax
provisions regarding net income and net operating losses.
Was read the first time and referred to the Committee on State Affairs.
HB 1201: FOR AN ACT ENTITLED, An Act to revise the bank franchise tax
apportionment of income provisions.
Was read the first time and referred to the Committee on State Affairs.
HB 1212: FOR AN ACT ENTITLED, An Act to provide for fair and open competition in
certain governmental contracts, to prohibit the inclusion of certain terms in governmental
contracts and documents, and to establish a procedure to grant certain exemptions after notice
and a public hearing.
Was read the first time and referred to the Committee on Local Government.
The following bill was read on January 29, and today the President Pro tempore assigned
this bill to committee.
SB 118 was referred to the Committee on Judiciary.
The following bill was read on February 4, and today the President Pro tempore assigned
this bill to committee.
SB 181 was referred to the Committee on State Affairs.
SB 182: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to dual
education credit.
Was read the second time.
The question being "Shall SB 182 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Jones (Tom)
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 1048: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
property and casualty insurance.
Was read the second time.
The question being "Shall HB 1048 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); 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; Jones (Tom)
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 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of insurance rating organizations.
Was read the second time.
The question being "Shall HB 1053 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Jones (Tom)
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 1080: FOR AN ACT ENTITLED, An Act to clarify that emergency personnel driving
records are not to include motor vehicle accidents resulting while engaged in the performance
of their official duties.
Was read the second time.
The question being "Shall HB 1080 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); 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; Jones (Tom)
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 116 be deferred to Thursday, February 13, the 20th legislative
day.
Which motion prevailed.
Was read the second time.
The question being "Shall SB 150 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); 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; Jones (Tom)
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 142: FOR AN ACT ENTITLED, An Act to increase legislative salaries subject to
certain conditions and restrictions.
Was read the second time.
The question being "Shall SB 142 pass?"
And the roll being called:
Yeas 18, Nays 15, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Holien; Lederman; Lucas;
Maher; Novstrup (Al); Omdahl; Peters; Rave; Soholt; Sutton; Tieszen; Vehle; Welke
Nays:
Brown; Ewing; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Monroe; Otten (Ernie);
Rampelberg; Rhoden; Solano; Tidemann; Van Gerpen; White
Excused:
Curd; 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.
Was read the second time.
"Section 22. For any private property that is inundated by the waters of a nonmeandered
lake that is open to public access, the Department of Game, Fish and Parks shall compensate
the owner of the property for each such inundated acre in an amount equal to the average
amount paid per acre during the previous calendar year for land in the county that was included
in the walk-in area program.".
Sen. Buhl O'Donnell requested that Joint Rule 5-17 be invoked on SB 169.
Which request was supported and SB 169 with Sen. Frerichs' pending motion to amend
was deferred until Tuesday, February 18, the 21st legislative day.
SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of certain open containers of alcoholic beverages.
Was read the second time.
The question being "Shall SB 39 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Jones (Tom)
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 125: FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from
loitering in certain areas.
Was read the second time.
The question being "Shall SB 125 pass?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Maher
Excused:
Curd; Jones (Tom); 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 154: FOR AN ACT ENTITLED, An Act to establish the Jolene's Law Task Force to
study the impact of sexual abuse of children in this state and to make recommendations to the
Legislature on policies to effectively address the issue.
Was read the second time.
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.
Sen. Rave moved that HB 1061, 1029, 1012, 1015, 1045, 1058, 1079, and 1014 be deferred
to Thursday, February 13, the 20th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
applications for absentee ballot and to declare an emergency.
SB 35: FOR AN ACT ENTITLED, An Act to revise the conditions for which certain
elections may be delayed for an emergency situation and to declare an emergency.
HB 1009: FOR AN ACT ENTITLED, An Act to repeal the creation of the commemorative
medallion fund.
HB 1010: FOR AN ACT ENTITLED, An Act to repeal the tree nursery reserve fund.
And signed the same in the presence of the Senate.
SC 18 Introduced by: Senators Rave, Begalka, Brown, Ewing, Heineman (Phyllis), Holien,
Hunhoff (Jean), Jensen, Jones (Chuck), Kirkeby, Krebs, Lederman, Maher, Monroe, Novstrup
(Al), Omdahl, Otten (Ernie), Peters, Rampelberg, Rhoden, Soholt, Solano, Tidemann, Tieszen,
Vehle, and White and Representatives Conzet, Bartling, Cammack, Carson, Cronin, Ecklund,
Erickson, Gibson, Gosch, Hoffman, Hunhoff (Bernie), Johns, Kaiser, Langer, Lust, Magstadt,
Munsterman, Nelson, Olson (Betty), Parsley, Romkema, Rounds, Schaefer, Sly, Solum, Steele,
Stevens, and Westra
SC 19 Introduced by: Senators Maher, Brown, Ewing, Heineman (Phyllis), Holien, Jones
(Chuck), Kirkeby, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave,
Rhoden, Soholt, Solano, Tidemann, Van Gerpen, Vehle, and White and Representatives
Schrempp and Olson (Betty)
Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
4:08 p.m. the Senate adjourned.