The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of
Allegiance led by Senate page Brigita Rasmussen.
Roll Call: All members present except Sens. Curd and Langer 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 twenty-ninth 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 Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 43 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 172 and returns the same with the recommendation that said bill be amended
as follows:
"
Section 7. There is hereby transferred from the Board of Regents budgeted other funds six
million dollars, or so much thereof as may be necessary, to the state animal disease research and
diagnostic laboratory bond redemption and operations fund established by section 6 of this Act
for the construction, reconstruction, renovation, demolition, and modernization of facilities and
related infrastructure at the State Animal Disease Research and Diagnostic Lab on the campus
of South Dakota State University.
Section 8. There is hereby transferred from the livestock disease emergency fund the sum
of two million three hundred thousand dollars, or so much thereof as may be necessary, to the
state animal disease research and diagnostic laboratory bond redemption and operations fund
established by section 6 of this Act for the construction, reconstruction, renovation, demolition,
and modernization of facilities and related infrastructure at the State Animal Disease Research
and Diagnostic Laboratory on the campus of South Dakota State University.
Section 9. There is hereby transferred from the feed and remedy fund the sum of three
hundred thousand dollars, or so much thereof as may be necessary, to the state animal disease
research and diagnostic laboratory bond redemption and operations fund established by section 6
of this Act for the construction, reconstruction, renovation, demolition, and modernization of
facilities and related infrastructure at the State Animal Disease Research and Diagnostic
Laboratory on the campus of South Dakota State University.
Section 10. There is hereby appropriated the sum of eight million six hundred thousand dollars ($8,600,000) in other fund expenditure authority, or so much thereof as may be necessary, to the Animal Industry Board for expenditure of funds from the state animal disease research and diagnostic laboratory bond redemption and operations fund for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure
at the State Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota
State University.
Section 11. That the code be amended by adding a NEW SECTION to read:
Section 12. The Animal Industry Board shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 13. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with the procedures prescribed in chapter 4-8.
Section 14. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, 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 Education respectfully reports that it has had under consideration
HB 1184 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1133 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1053, 1100, and 1144 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
HB 1113 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1103 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1096 and 1109 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1107 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of William Shorma of Union County, Dakota Dunes,
South Dakota, to the South Dakota Lottery Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment,
and that said appointment be placed on the consent calendar
The Committee on Legislative Procedure respectfully reports that SB 12, 13, 51, 52, 64,
73, 137, and 146 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m.,
February 28, 2017.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 1, 11, 14, 15, 17, 18, 19, 34, 36, 49, 59, 63, 66, 69, 70,
75, and 79 and finds the same correctly enrolled.
I have the honor to return herewith SB 6 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 1, 11, 14, 15, 17, 18, 19, 34, 36, 49, 59, 63, 66, 69,
70, 75, and 79 which have passed the House without change.
HCR 1011: A CONCURRENT RESOLUTION, Recognizing and honoring Sitting Bull,
Tatanka-Iyotanka, a courageous warrior, statesman, dedicated leader, one of South Dakota's first
ambassadors to the world, and a man who remains an essential figure in South Dakota and
United States history.
Was read the second time.
Sen. Nelson moved that the Senate do concur in HCR 1011 as found on page 488 of the
House Journal.
The question being on Sen. Nelson's motion that HCR 1011 be concurred in.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Langer
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1011 was concurred in.
HCR 1013: A CONCURRENT RESOLUTION, To urge the United States Department of
State to approve the presidential permit application allowing the construction and operation of
the TransCanada Keystone XL Pipeline between the United States and Canada.
Was read the second time.
Sen. Wiik moved that the Senate do concur in HCR 1013 as found on page 491 of the
House Journal.
Sen. Frerichs requested a roll call vote.
Which request was supported.
The question being on Sen. Frerichs' substitute motion that HCR 1013 be amended.
And the roll being called:
Yeas 6, Nays 27, Excused 2, Absent 0
Yeas:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Sutton
Nays:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck;
Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell;
Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Curd; Langer
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question being on Sen. Wiik's pending motion that HCR 1013 be concurred in.
And the roll being called:
Yeas 26, Nays 7, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck;
Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt;
Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Heinert; Kennedy; Killer; Maher; Nesiba; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1013 was concurred in.
HCR 1014: A CONCURRENT RESOLUTION, Expressing the strongest support for, and
unity with, the State of Israel and recognizing Jerusalem, as Israel's undivided capital.
Was read the second time.
Sen. Nelson moved that the Senate do concur in HCR 1014 as found on page 492 of the
House Journal.
The question being on Sen. Nelson's motion that HCR 1014 be concurred in.
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck;
Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell;
Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba
Excused:
Curd; Langer
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1014 was concurred in.
Yesterday, Sen. Tidemann announced his intention to reconsider the vote by which
HB 1097 lost.
Sen. Tidemann moved that the Senate do now reconsider the vote by which HB 1097 lost.
The question being on Sen. Tidemann's motion to reconsider the vote by which HB 1097
lost.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Nays:
Jensen (Phil)
Excused:
Curd; Langer
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1097 was up for reconsideration and final
passage.
Sen. Maher moved that the reconsideration of HB 1097 be deferred to Wednesday,
March 1st, the 31st legislative day.
Which motion prevailed.
Sen. Greenfield (Brock) moved that HB 1165 be deferred to Wednesday, March 1st, the
31st legislative day.
Which motion prevailed.
Sen. Maher moved that the reports of the Standing Committees on
State Affairs on HB 1130 as found on page 569 of the Senate Journal; also
State Affairs on HB 1141 as found on page 568 of the Senate Journal; also
Health and Human Services on HB 1183 as found on page 570 of the Senate Journal be
adopted.
Which motion prevailed.
HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf
carts on state highways.
Was read the second time.
The question being “Shall HB 1117 pass as amended?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Langer
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 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the
expiration of a permit and a warning ticket for carrying a concealed pistol while in possession
of an expired permit.
Was read the second time.
The question being “Shall HB 1211 pass as amended?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
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 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain
telecommunication services and devices.
Was read the second time.
The question being “Shall HB 1149 pass as amended?”
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck;
Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Russell;
Soholt; Solano; Stalzer; Tapio; Youngberg
Nays:
Bolin; Cammack; Cronin; Haverly; Rusch; Sutton; Tidemann; White; Wiik
Excused:
Curd; Langer
So the bill having received an affirmative vote of a majority of the members present, the
President declared the bill passed and the title was agreed to.
HB 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of
force, fraud, or coercion in the human trafficking of minors.
Was read the second time.
The question being “Shall HB 1118 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Curd; Langer
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 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of
Child Support as a condition of eligibility for the SNAP program.
Was read the second time.
Sen. Nesiba requested a fiscal note on HB 1191, pursuant to Joint Rule 6C-1.1.
Which request was supported.
HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature
before any high level nuclear waste may be processed or deposited within state boundaries.
Was read the second time.
The question being “Shall HB 1071 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Curd; Langer
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 HB 1083 pass?”
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy;
Killer; Klumb; Kolbeck; Maher; Nesiba; Netherton; Novstrup; Partridge; Peters; Rusch; Soholt;
Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Monroe; Nelson; Otten (Ernie); Russell; Tapio
Excused:
Curd; Langer
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.
The President publicly read the title to
SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions of the prescription
drug monitoring program.
SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State
Fair Commission and the administration of the fairgrounds and to declare an emergency.
SB 14: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission and to declare an
emergency.
SB 15: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
SB 17: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of a natural resources research and support facility at South Dakota State
University, to make an appropriation therefor, and to declare an emergency.
SB 19: FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its
institutions a fund for the receipt and disbursement of federal grants and contracts and a fund
for the receipt and disbursement of other grants and contracts and to make an appropriation
therefor.
SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions related to securities
held as unclaimed property and to declare an emergency.
SB 36: FOR AN ACT ENTITLED, An Act to revise the time to file certain tax returns and
remit certain taxes.
SB 49: FOR AN ACT ENTITLED, An Act to license and regulate freestanding emergency
medical care facilities.
SB 59: FOR AN ACT ENTITLED, An Act to delay the effective date for initiated
measures and referred laws.
SB 63: FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund
and deposit fees to the general fund.
SB 66: FOR AN ACT ENTITLED, An Act to specifically classify certain agricultural land
as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and
to provide for the taxation thereof.
SB 69: FOR AN ACT ENTITLED, An Act to revise the tax required when a new motor
vehicle dealer licenses a new motor vehicle.
SB 70: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund and its revolving fund subfunds for various water and environmental
purposes, to increase the transfer from the water and environment fund to the environment and
natural resources fee fund, and to declare an emergency.
SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purchase from a municipality of malt beverages by certain alcoholic beverage licensees.
SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
display of motorcycle license plates.
HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding credit
for reinsurance.
HB 1059: FOR AN ACT ENTITLED, An Act to provide for the perfection of liens upon
application for duplicate certificates of title.
HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
landowner liability for certain injuries suffered.
HB 1080: FOR AN ACT ENTITLED, An Act to adopt the Uniform Fiduciary Access to
Digital Assets Act.
HB 1087: FOR AN ACT ENTITLED, An Act to authorize the recovery of attorney's fees
in civil actions relating to highway obstructions.
HB 1091: FOR AN ACT ENTITLED, An Act to modify certain provisions relating to
concealed carry permits.
HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
resident fishing possession limits.
HB 1122: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the
process to be excused from public school attendance.
And signed the same in the presence of the Senate.
SC 34 Introduced by: Senators White, Haverly, Monroe, and Youngberg and
Representatives Chase and Glanzer
Sen. Greenfield (Brock) moved that the Senate do now adjourn, which motion prevailed
and at 4:28 p.m. the Senate adjourned.