The prayer was offered by the Chaplain, Rev. Dr. Kimberly LaPlante, followed by the
Pledge of Allegiance led by Senate page Amber Hulse.
Roll Call: All members present except Sens. Cammack and Novstrup 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 twelfth 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 Judiciary respectfully reports that it has had under consideration SB 90
and 91 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 84
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 Judiciary respectfully reports that it has had under consideration SB 82
and returns the same with the recommendation that said bill be amended as follows:
" Section 2. That chapter 26-11A be amended by adding a NEW SECTION to read:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 89
which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 12 and 13 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 11 and returns the same with the recommendation that said bill be
amended as follows:
" Section3. That § 1-21-6.1 be amended to read:
1-21-6.1. The secretary of agriculture may appoint as many law enforcement officers, as
defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law
enforcement officers to ensure peace and good order on or about the fairgrounds during the
annual fair. The secretary shall issue to each officer a certificate of authority. Each officer shall
possess all the powers of a certified law enforcement officer with jurisdiction to make arrests
within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing
additional qualifications in excess of the certification requirements for a certified law officer.
Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, 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 Commerce and Energy respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:
"The provisions of this section do not apply to any solicitor of a wholesaler licensed pursuant
to subdivision 35-4-2(2) or (15).".
The Committee on Legislative Procedure respectfully reports that SB 16 was delivered to
his Excellency, the Governor, for his approval at 9:30 a.m., January 31, 2017.
I have the honor to return herewith SCR 2 and 5 in which the House has concurred.
I have the honor to transmit herewith HB 1026 which has passed the House and your
favorable consideration is respectfully requested.
Sen. Curd moved that the report of the Standing Committee on
Judiciary on SB 72 as found on page 213 of the Senate Journal be adopted.
Which motion prevailed.
SB 139 Introduced by: Senators Novstrup, Ewing, Frerichs, Greenfield (Brock),
Jensen (Phil), Maher, Monroe, Russell, and Wiik and Representatives Brunner, Bartling, Chase,
DiSanto, Gosch, Greenfield (Lana), Haggar, Jensen (Kevin), Lesmeister, Marty, Mickelson,
Qualm, Rhoden, and Schaefer
FOR AN ACT ENTITLED, An Act to provide for the permitting of waterfowl outfitters,
and to dedicate fees and surcharges paid by waterfowl outfitters for use on certain game
production areas.
Was read the first time.
SB 140 Introduced by: Senators Tidemann, Cronin, Curd, Frerichs, Greenfield (Brock),
Haverly, Heinert, Monroe, Nesiba, Peters, Soholt, and Solano and Representatives Hunhoff,
Bartling, Glanzer, Haggar, Hawley, Holmes, Lust, Rozum, Schoenfish, and Tieszen
FOR AN ACT ENTITLED, An Act to require schools to provide instruction in hands-only
cardiopulmonary resuscitation.
Was read the first time and referred to the Committee on Health and Human Services.
SB 141 Introduced by: Senators Rusch, Cronin, Frerichs, Heinert, Langer, Partridge,
Soholt, Stalzer, and White and Representatives Johns, Bartling, Duvall, Glanzer, Hawley,
Holmes, Lust, Peterson (Kent), Reed, Ring, Rounds, Rozum, Schoenfish, Soli, Stevens, Tieszen,
Turbiville, and Wismer
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.
Was read the first time and referred to the Committee on Judiciary.
SB 142 Introduced by: Senators Maher, Nelson, and Russell and Representatives Dennert
and Brunner
FOR AN ACT ENTITLED, An Act to provide for the assessment and taxation of
agricultural land based on its actual use.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to create a license for the transfer of alcohol by certain
off-sale licensees and to allow certain off-sale licensees to deliver alcohol.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 144 Introduced by: Senators Nelson, Cronin, Curd, Ewing, Frerichs,
Greenfield (Brock), Heinert, Jensen (Phil), Killer, Klumb, Kolbeck, Langer, Maher, Monroe,
Netherton, Novstrup, Otten (Ernie), Russell, Stalzer, Sutton, Tapio, Wiik, and Youngberg and
Representatives Kaiser, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Goodwin,
Gosch, Howard, Jensen (Kevin), Latterell, Livermont, Marty, May, Mills, Pischke, and Qualm
FOR AN ACT ENTITLED, An Act to authorize servicemembers to carry a concealed
pistol or revolver without a permit.
Was read the first time and referred to the Committee on Judiciary.
SB 145 Introduced by: Senators Rusch, Cammack, Ewing, Kennedy, Soholt, and Stalzer
and Representatives Tieszen, Ahlers, Bartling, Haggar, Hawley, Jensen (Kevin), Lesmeister,
McCleerey, Mickelson, Reed, Ring, Smith, Soli, Willadsen, and Wismer
FOR AN ACT ENTITLED, An Act to provide limitation on liability for certain architects
and engineers
Was read the first time and referred to the Committee on Judiciary.
The President declared that SB 115 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
HB 1026: FOR AN ACT ENTITLED, An Act to require tracking numbers to be included
on the quarterly reports of direct shippers and of wine carriers.
Was read the first time and referred to the Committee on Commerce and Energy.
The Senate proceeded to the consideration of the judicial reappointment of Kevin J. Krull
of Sturgis, South Dakota, to the Board of Pardons and Parole.
The question being Does the Senate advise and consent to the judicial reappointment of
Kevin J. Krull pursuant to the judicial message as found on pages 112 of the Senate Journal?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White;
Youngberg
Excused:
Cammack; Novstrup; Tidemann; Wiik
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state
geologist.
Was read the second time.
The question being Shall SB 46 pass?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White;
Youngberg
Excused:
Cammack; Novstrup; Tidemann; Wiik
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
background checks for applicants, licensees, vendors, and employees of the South Dakota
Lottery.
Was read the second time.
The question being Shall HB 1025 pass as amended?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White;
Youngberg
Excused:
Cammack; Novstrup; Tidemann; Wiik
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 1033: FOR AN ACT ENTITLED, An Act to authorize criminal background checks
for certain executive branch employees and state contractors and subcontractors.
Was read the second time.
The question being Shall HB 1033 pass as amended?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White;
Youngberg
Excused:
Cammack; Novstrup; Tidemann; Wiik
SB 65: FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of
Technical Education and to revise certain provisions regarding career and technical education
and postsecondary technical institutes.
Was read the second time.
" Section 3. That the code be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
party ballot or to the party affiliation of the candidate. The order of names of candidates shall
be arranged by lot. Any candidate has the right to be present or represented when the
arrangement is being determined. If no more than two nominating petitions are filed on behalf
of candidates for the board from any district, the names of the persons do not need to be placed
on the primary ballot, and those persons are the nominees for the office.
At all primary elections at which candidates for the board are to be nominated and a primary
is required, there shall be prepared and furnished by the several county auditors, separate ballots
upon which shall be placed the names of the candidates for the board. The ballots shall be
entitled "nonpolitical ballot for the Board of Technical Education" and may contain no other
designation. The form of the nonpolitical ballot shall be prescribed by the State Board of
Elections. If a primary election is required, the nominees for the board are the two persons
receiving the highest number of votes in the primary election. ".
The question being Shall SB 65 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Cammack; Novstrup
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 21 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Cammack; Novstrup
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. Curd moved that the balance of the calendar including SB 33, 35, and 27 be deferred
to Wednesday, February 1st, the 14th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1020: FOR AN ACT ENTITLED, An Act to authorize background investigations for
current and potential employees of the Bureau of Information and Telecommunications and
information technology contractors and subcontractors.
HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
interception of certain communications.
HB 1041: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substance schedules and to declare an emergency.
HB 1047: FOR AN ACT ENTITLED, An Act to modify the application timeline for state
chartered banks and trust companies.
HB 1048: FOR AN ACT ENTITLED, An Act to exempt natural hair braiding from the
practice of cosmetology.
HB 1050: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
regarding the practice of barbering.
And signed the same in the presence of the Senate.
SC 8 Introduced by: Senator Nelson and Representative Kaiser
SC 9 Introduced by: Senator Nelson and Representative Kaiser
SC 10 Introduced by: Senator Nelson and Representative Kaiser
SC 11 Introduced by: Senator Nelson and Representative Kaiser
SC 12 Introduced by: Senator Nelson and Representative Kaiser
SC 13 Introduced by: Senator Nelson and Representative Kaiser
SC 14 Introduced by: Senator Nelson and Representative Kaiser
SC 16 Introduced by: Senator Nelson and Representative Kaiser
SC 17 Introduced by: Senator Nelson and Representative Kaiser
Sen. White moved that the Senate do now adjourn, which motion prevailed and at
3:10 p.m. the Senate adjourned.