The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by Senate pages Jocelynn Keffeler and Jessica Welter.
Roll Call: All members present except Sen. Krebs 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 twenty-first 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 61, 95, and 138 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 80 was delivered to
his Excellency, the Governor, for his approval at 9:40 a.m., February 19, 2014.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1064 and 1074 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 117 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SJR 2
and returns the same with the recommendation that said resolution be adopted.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 1 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
HB 1101 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 State Affairs respectfully reports that it has had under consideration
SB 99 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That § 58-18-88 be amended to read as follows:
58-18-88. A self-funded multiple employer trust, as defined in section 3 of the federal
Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, may be
authorized by the director if the multiple employer trust meets all of the following conditions:
Section 2. That § 58-18-89 be amended to read as follows:
58-18-89. The director shall promulgate rules, pursuant to chapter 1-26, pertaining to
multiple employer trusts in the following areas:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 176 and returns the same with the recommendation that said bill be amended as follows:
"Section 3. That § 10-45C-14 be amended to read as follows:
10-45C-14. There is hereby created in the state treasury the tax relief fund. The revenue
collected pursuant to § 10-45C-15 shall be deposited in the tax relief fund for the purpose of
reducing the rate of taxation or reducing property taxes. The fund shall be invested as provided
by law, and the interest earned shall be credited to the fund. The Legislature may not appropriate
any money from the tax relief fund until the second fiscal year after Congress approves
legislation giving states the authority to require retailers to collect South Dakota's sales and use
tax. ".
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 10 which was tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 122 and returns the same with the recommendation that said bill be referred
to the Committee on Appropriations with a do pass recommendation.
The Committee on Transportation respectfully reports that it has had under consideration
SB 13 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 179 and returns the same with the recommendation that said bill be amended as follows:
"No handheld electronic wireless communication device used in violation of this Act may
be seized by a law enforcement officer. However, a handheld electronic wireless communication
device may be seized upon compliance with the search and seizure requirements in chapter 23A-35.
Section 5. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
follows:
I have the honor to return herewith SCR 3 in which the House has concurred.
I have the honor to transmit herewith HCR 1012 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 61, 95, and 138 which have passed the House
without change.
I have the honor to transmit herewith HB 1106, 1132, 1140, 1157, 1181, 1184, 1213, 1221,
and 1249 which have passed the House and your favorable consideration is respectfully
requested.
HCR 1012: A CONCURRENT RESOLUTION, Recognizing the honor and remember flag
as the designated symbol of South Dakota's concern and commitment to honoring and
remembering all members of the United States Armed Forces who have lost their lives while
serving, or as a result of service, and their families.
Was read the first time, the President waived the referral to committee, and placed
HCR 1012 on the calendar of Thursday, February 20, the 23rd legislative day.
HCR 1017: A CONCURRENT RESOLUTION, Urging Congress, the White House Office
of National Drug Control Policy (ONDCP), the United States Department of Justice, and the
United States Drug Enforcement Administration (DEA) to recognize industrial hemp as a
valuable agricultural commodity.
Sen. Frerichs moved that the Senate do concur in HCR 1017 as found on page 336 of the
House Journal.
The question being on Sen. Frerichs' motion that HCR 1017 be concurred in.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Jensen; Lucas; Rampelberg;
Rave; Rhoden; Sutton; Tieszen; Welke
Nays:
Brown; Curd; Ewing; Holien; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby;
Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Soholt; Solano;
Tidemann; Van Gerpen; Vehle; White
Excused:
Krebs
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1018: A CONCURRENT RESOLUTION, Recognizing Chronic Obstructive
Pulmonary Disease (COPD) as a serious and chronic disease in South Dakota.
Was read the second time.
Sen. Rave moved that the Senate do concur in HCR 1018 as found on page 393 of the
House Journal.
The question being on Sen. Rave's motion that HCR 1018 be concurred in.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas;
Maher; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Krebs
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1018 was concurred in.
HCR 1019: A CONCURRENT RESOLUTION, Petitioning Congress to reauthorize
federally provided terrorism reinsurance for insurers.
Was read the second time.
Sen. Rampelberg moved that the Senate do concur in HCR 1019 as found on page 395 of
the House Journal and as amended on page 414 of the House Journal.
The question being on Sen. Rampelberg's motion that HCR 1019 be concurred in as
amended.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas;
Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Krebs
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1019 was concurred in as amended.
Sen. Rave moved that the reports of the Standing Committees on
Agriculture and Natural Resources on SB 164 as found on page 341 of the Senate Journal;
also
Commerce and Energy on SB 161 as found on page 343 of the Senate Journal be adopted.
Which motion prevailed.
HB 1106: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the sale of petroleum products.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1132: FOR AN ACT ENTITLED, An Act to make a minor's school calendar the
reference point from which to permit employment that would not interfere with the minor's
education.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1140: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital
improvement property tax for secondary roads, bridges, and culverts.
Was read the first time and referred to the Committee on Taxation.
HB 1157: FOR AN ACT ENTITLED, An Act to provide for the retrospective payment of
clean claims for covered services provided by a health care professional during the credentialing
period.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1181: FOR AN ACT ENTITLED, An Act to allow for the requirement of a
certification of health from an employee of a school.
Was read the first time and referred to the Committee on Education.
HB 1184: FOR AN ACT ENTITLED, An Act to declare the fourth Saturday in July Day
of the American Cowboy.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Local Government.
HB 1221: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches
from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
HB 1249: FOR AN ACT ENTITLED, An Act to revise the required hours in a school term
for certain grade levels.
Was read the first time and referred to the Committee on Education.
The following bill was read on February 13, and today the President Pro tempore assigned
this bill to committee.
HB 1177 was referred to the Committee on State Affairs.
Sen. Peters requested that SB 186 be removed from the Consent Calendar.
SB 171: FOR AN ACT ENTITLED, An Act to recognize certain federal forms as sufficient
to direct the disposition of the body of a servicemember.
Was read the second time.
The question being "Shall SB 171 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; 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.
SB 183: FOR AN ACT ENTITLED, An Act to revise the trust fund requirements for
perpetual cemeteries.
Was read the second time.
The question being "Shall SB 183 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas;
Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Krebs
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 1076: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to
party fishing.
Was read the second time.
The question being "Shall HB 1076 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; 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 116, 172, 19, and 170 be deferred to Thursday, February 20, the
23rd legislative day.
Which motion prevailed.
SB 162: FOR AN ACT ENTITLED, An Act to repeal certain mineral severance taxes
imposed on precious metals and to repeal certain temporary and expired mineral severance
taxes.
Was read the second time.
Sen. Rave moved the previous question.
Which motion prevailed.
The question being "Shall SB 162 pass as amended?"
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Nays:
Bradford; Brown; Buhl O'Donnell; Frerichs; Hunhoff (Jean); Jones (Chuck); Jones (Tom);
Lucas; Novstrup (Al); Otten (Ernie); Peters; Solano; Sutton; Tidemann; Van Gerpen; Welke
Excused:
Krebs
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.
Sen. Peters announced her intention to reconsider the vote by which SB 162 passed.
SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the High
School Activities Association.
Was read the second time.
The question being "Shall SB 90 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Begalka; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jones (Tom); Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Solano; Tidemann; Tieszen; Van Gerpen;
Vehle; Welke; White
Excused:
Krebs
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 81: FOR AN ACT ENTITLED, An Act to prohibit the possession of certain items in
jails, to provide a penalty therefor, and to revise the penalty for the procurement of certain items
into a jail.
Was read the second time.
The question being "Shall SB 81 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis);
Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas;
Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Krebs
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 180: FOR AN ACT ENTITLED, An Act to authorize the increase in the number of
video lottery machines that may placed in a licensed establishment under certain conditions.
Was read the second time.
The question being "Shall SB 180 pass as amended?"
And the roll being called:
Yeas 22, Nays 12, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Maher; Peters; Rave; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke
Nays:
Begalka; Jensen; Lucas; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rhoden;
Solano; Van Gerpen; White
Excused:
Krebs
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.
Sen. Rave moved that HB 1061, 1029, 1012, 1015, 1045, 1058, 1079, 1014, 1110, 1069,
1178, 1019, 1081, and 1068 be deferred to Thursday, February 20, the 23rd legislative day.
Which motion prevailed.
The President publicly read the title to
SB 61: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
organization, first responder, and organ donor emblem speciality plates for motor vehicles.
SB 95: FOR AN ACT ENTITLED, An Act to revise certain vehicle dealer licensing
provisions.
SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to title-based escheatment of abandoned United States savings bonds and the proceeds thereof.
HB 1056: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
taxation, the licensing, and the regulation of motor vehicles.
HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
exemption of mass transit motor vehicles from licensing and registration fees and the motor
vehicle excise tax.
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
military speciality plates.
HB 1092: FOR AN ACT ENTITLED, An Act to require that crematories be under the
direction of licensed funeral establishments and funeral directors.
And signed the same in the presence of the Senate.
SC 23 Introduced by: Senators Lucas, Bradford, Buhl O'Donnell, Hunhoff (Jean), Jones
(Tom), Maher, Sutton, Van Gerpen, and Welke and Representatives Bartling, Bolin, Feickert,
Feinstein, Gibson, Hawks, Heinert, Hunhoff (Bernie), Killer, Kirschman, May, Parsley,
Peterson, Qualm, Schaefer, Sly, Soli, Tyler, and Wismer
Sen. Otten (Ernie) moved that the Senate do now adjourn, which motion prevailed and at
4:10 p.m. the Senate adjourned.