The prayer was offered by the Chaplain, Pastor Craig Wexler, followed by the Pledge of
Allegiance led by Senate pages Autumn Wieseler and Grace Weinheimer.
Roll Call: All members present except Sen. Russell who was excused.
MR. PRESIDENT:
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 - Tyler Arend, Allison Duerre, Madison Hetland, Tabitha Jensen, Grace Jones,
Kylen Olson, Braden Peters, Derick Peters, Karly Schaunaman, Talisa Smith,
Grace Weinheimer, Autumn Wieseler.
Which was subscribed to and placed on file in the office of the Secretary of State.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1066 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
HB 1117 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 Transportation respectfully reports that it has had under consideration
SCR 4 and SB 136 which were deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 70 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
SB 144 and returns the same with the recommendation that said bill be amended as follows:
"
Section 3. This Act is effective July 1, 2019.".
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 4 and 7 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 30, 35, 36, 37, and 38 and finds the same correctly
enrolled.
I have the honor to transmit herewith HCR 1004 and 1008 which have passed the House
and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HB 1083, 1085, 1123, 1214, and 1217 which have
passed the House and your favorable consideration is respectfully requested.
SCR 14: A CONCURRENT RESOLUTION, Encouraging Congress and the Federal Motor
Carrier Safety Administration to overturn the rules regarding electronic logging devices.
Was read the second time.
Sen. Youngberg moved that SCR 14 as found on page 348 of the Senate Journal be
adopted.
The question being on Sen. Youngberg's motion that SCR 14 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Partridge; Russell
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 14 was adopted.
HCR 1006: A CONCURRENT RESOLUTION, Commemorating the life of
George Speaker Mickelson and calling for a bust of Mickelson to be displayed in the lobby of
the State House of Representatives.
Was read the second time.
Sen. Curd moved that the Senate do concur in HCR 1006 as found on page 244 of the
House Journal.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1006 was concurred in.
Sen. Tidemann moved that the Senate do concur in House amendments to SB 49.
The question being on Sen. Tidemann's motion that the Senate do concur in House
amendments to SB 49.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Nesiba; Netherton; Novstrup; Otten
(Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White;
Wiik; Youngberg
Nays:
Maher; Monroe; Nelson
Excused:
Russell
So the motion having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the motion carried and the amendments were concurred
in.
Was read on February 1, 2018 and today the President Pro Tempore waived the referral to
committee, and placed SCR 13 on the calendar of Tuesday, February 6, 2018, the 18th legislative
day.
HCR 1004: A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet
with premium E-30 fuel.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed HCR 1004 on the calendar of Tuesday, February 6, 2018, the 18th legislative day.
HCR 1008: A CONCURRENT RESOLUTION, that tobacco, alcohol, and other drug
marketing have no place in the lives of the children of the state.
Was read the first time and referred to the Committee on Commerce and Energy.
Sen. Curd moved that SB 140, 165, and 167 be deferred to Tuesday, February 6th, the 18th
legislative day.
Which motion prevailed.
Sen. Curd moved that the reports of the Standing Committees on
State Affairs on SB 110 as found on page 343 of the Senate Journal; also
Taxation on SB 150 as found on page 344 of the Senate Journal; also
Health and Human Services on SB 164 as found on page 343 of the Senate Journal be
adopted.
Which motion prevailed.
SB 181 was referred to the Committee on Military and Veterans Affairs.
SB 190 was referred to the Committee on Health and Human Services.
SB 191 was referred to the Committee on Judiciary.
The following bill was read on February 1, 2018, and today the President Pro tempore
assigned this bill to committee.
SB 199 was referred to the Committee on Agriculture and Natural Resources.
HB 1083: FOR AN ACT ENTITLED, An Act to reduce certain fees for enhanced permits
to carry a concealed pistol.
Was read the first time and referred to the Committee on Judiciary.
HB 1085: FOR AN ACT ENTITLED, An Act to adopt the Uniform Unsworn Domestic
Declarations Act.
Was read the first time and referred to the Committee on Judiciary.
HB 1123: FOR AN ACT ENTITLED, An Act to prohibit certain persons suffering from
a severe mental illness from receiving capital punishment.
Was read the first time.
HB 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
State Conservation Commission and conservation districts.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1217: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting
of mourning doves on certain property.
Was read the first time and referred to the Committee on Agriculture and Natural Resources.
SB 146: FOR AN ACT ENTITLED, An Act to exempt off-road vehicle dealers from
certain special event permit fees.
Was read the second time.
The question being "Shall SB 146 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 revise certain provisions concerning the
transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.
Was read the second time.
The question being "Shall SB 154 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding
pharmacy benefits management.
Was read the second time.
The question being "Shall SB 141 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 revise certain requirements to qualify for
emblem specialty plates for motor vehicles.
Was read the second time.
The question being "Shall HB 1080 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; 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 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
use and display of the great seal of South Dakota.
Was read the second time.
The question being "Shall HB 1102 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
validation of absentee ballot signatures.
Was read the second time.
The question being "Shall HB 1105 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Russell
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 1026: FOR AN ACT ENTITLED, An Act to revise certain educational requirements
pertaining to the practice of cosmetology.
Was read the second time.
The question being "Shall HB 1026 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
medical support obligations to a child.
Was read the second time.
The question being "Shall HB 1038 pass?"
And the roll being called:
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 1039: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary
provisions regarding certain child support obligations and medical services to the indigent.
Was read the second time.
The question being "Shall HB 1039 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba;
Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Russell
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 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
minimum hunting age.
Was read the second time.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Killer; Klumb; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tapio; Tidemann; Wiik;
Youngberg
Nays:
Kennedy; Kolbeck; Stalzer; White
Excused:
Russell
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 50: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of the American Indian Student Center at South Dakota State University and
to make an appropriation therefor.
Was read the second time.
The question being "Shall SB 50 pass?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Nesiba; Netherton; Novstrup; Partridge; Peters;
Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Maher; Monroe; Nelson; Otten (Ernie); Tapio
Excused:
Russell
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.
Was read the second time.
The question being "Shall SB 51 pass?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Nesiba; Netherton; Novstrup; Partridge; Peters;
Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg
Nays:
Jensen (Phil); Maher; Monroe; Nelson; Otten (Ernie)
Excused:
Russell
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 53: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell
existing real property in Pennington County and to acquire real property in Pennington County
for the use and benefit of the South Dakota State University West River Agriculture Center.
Was read the second time.
The question being "Shall SB 53 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Nesiba; Netherton; Novstrup; Otten
(Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White;
Wiik; Youngberg
Excused:
Russell
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 54: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of
extraordinary litigation expenses and to declare an emergency.
Was read the second time.
The question being "Shall SB 54 pass?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb;
Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch;
Solano; Stalzer; Tidemann; White; Wiik; Youngberg
Nays:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Soholt; Sutton; Tapio
Excused:
Russell
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 96: FOR AN ACT ENTITLED, An Act to designate chislic as the official nosh of the
State of South Dakota.
Was read the second time.
The question being "Shall SB 96 pass?"
And the roll being called:
Yeas 22, Nays 12, Excused 1, Absent 0
Nays:
Bolin; Cammack; Curd; Greenfield (Brock); Kennedy; Partridge; Peters; Rusch; Soholt; Solano;
Tidemann; Wiik
Excused:
Russell
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 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the intrastate exemption for certain commercial vehicles from the federal motor
carrier regulations.
Was read the second time.
The question being "Shall HB 1014 pass?"
And the roll being called:
Yeas 24, Nays 10, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Curd; Ewing; Greenfield (Brock); Haverly; Kennedy; Klumb; Kolbeck;
Langer; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Soholt; Solano;
Stalzer; Tidemann; White; Wiik; Youngberg
Nays:
Cronin; Frerichs; Heinert; Jensen (Phil); Killer; Maher; Nelson; Partridge; Sutton; Tapio
Excused:
Russell
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 1063 pass?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Kennedy; Killer; Klumb; Kolbeck; Langer; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik;
Youngberg
Nays:
Jensen (Phil); Maher; Nelson; Solano
Excused:
Russell
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.
The President publicly read the title to
SB 30: FOR AN ACT ENTITLED, An Act to provide for the regulation of microblading
by municipalities.
SB 35: FOR AN ACT ENTITLED, An Act to revise the classification of juvenile
corrections agents in the South Dakota Retirement System and to revise certain terminology
regarding correctional staff.
SB 36: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South
Dakota Retirement System.
SB 37: FOR AN ACT ENTITLED, An Act to revise the automatic enrollment provisions
of the deferred compensation plan of the South Dakota Retirement System.
SB 38: FOR AN ACT ENTITLED, An Act to revise the process for establishing the compensation of the executive director of the South Dakota Retirement System.
Sen. Killer moved that the Senate do now adjourn, which motion prevailed and at
3:36 p.m. the Senate adjourned.