The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of
Allegiance led by Senate pages Jakways Mendoza and Sarah Keefe.
Roll Call: All members present except Sen. Kolbeck 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 twenty-eighth 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 Local Government respectfully reports that it has had under
consideration HB 1161, 1163, 1168, 1178, and 1183 and returns the same with the
recommendation that said bills do pass and be placed on the consent calendar.
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 91 and returns the same with the recommendation that said bill be amended
as follows:
" Section 1. That the code be amended by adding a NEW SECTION to read:
Section 2. 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:
Section 5. That the code be amended by adding a NEW SECTION to read:
Section 6. That the code be amended by adding a NEW SECTION to read:
Section 7. That the code be amended by adding a NEW SECTION to read:
Section 8. There is hereby appropriated from the general fund the sum of four hundred fifty
thousand dollars ($450,000), or so much thereof as may be necessary, to the Department of
Veterans' Affairs to provide for the design and planning work necessary for a state veterans
cemetery. Expenditures for such design and planning work may only be completed upon
approval by the National Cemetery Administration of the grant application allowed under
section 5 of this Act. Upon reimbursement of these funds from the federal government these
funds shall be deposited in the operating fund created under section 1 of this Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
Section 10. The secretary of veterans affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 12. 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."
Also MR. PRESIDENT:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration SB 183 and returns the same with the recommendation that said bill be amended
as follows:
" Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of
fifty-one million dollars ($51,000,000), or so much thereof as may be necessary, in other fund
expenditure authority and four million dollars ($4,000,000), or so much thereof as may be
necessary, from the general fund, together with any additional sums received pursuant to section
4 of this Act, and permitted adjustments pursuant to section 3 of this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values.
The Board of Regents may adjust such cost estimates to reflect the inflation as measured by the
Building Cost Index, reported by the Engineering News Record and additional expenditures
required to comply with regulations adopted after the effective date of this Act, or additional
sums received pursuant to section 4 of this Act. However, any adjustments to construction cost
estimates for the project may not exceed one hundred twenty-five percent of the estimated
project construction cost stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the projects authorized in this Act from federal sources, donations, or any other external sources, all of which comprise a special fund for the benefitted project. All moneys deposited into that fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.
Section 6. The executive director of the Board of Regents shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.".
" Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of
fifty-one million dollars ($51,000,000), or so much thereof as may be necessary, in other fund
expenditure authority and one dollar ($1), or so much thereof as may be necessary, from the
general fund, together with any additional sums received pursuant to section 4 of this Act, and
permitted adjustments pursuant to section 3 of this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values.
The Board of Regents may adjust such cost estimates to reflect the inflation as measured by the
Building Cost Index, reported by the Engineering News Record and additional expenditures
required to comply with regulations adopted after the effective date of this Act, or additional
sums received pursuant to section 4 of this Act. However, any adjustments to construction cost
estimates for the project may not exceed one hundred twenty-five percent of the estimated
project construction cost stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for
the projects authorized in this Act from federal sources, donations, or any other external sources,
all of which comprise a special fund for the benefitted project. All moneys deposited into that
fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated
in sections 1 to 3, inclusive, of this Act.
Section 5. The administration of the design and construction of the project authorized in this
Act shall be under the general charge and supervision of the Bureau of Administration as
provided in chapter 5-14.
Section 6. The executive director of the Board of Regents shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.".
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1012, 1199, and 1268 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1248 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota
Ellsworth Development Authority and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said reappointment, and that said
reappointment be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Patrick J. Burchill of Pennington County, Rapid City, South Dakota, to the
South Dakota Ellsworth Development Authority and returns the same with the recommendation
that the Senate advise and consent to the confirmation of said reappointment, and that said
reappointment be placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1001 which was tabled.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1174 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HJR 1004 and returns the same with the recommendation that said resolution be concurred in.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 126, 147, and 209 and finds the same correctly
enrolled.
I have the honor to return herewith SCR 8 in which the House has concurred.
I have the honor to return herewith SB 126, 147, and 209 which have passed the House
without change.
I have the honor to transmit herewith HB 1170, 1257, 1285, 1286, and 1308 which have
passed the House and your favorable consideration is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1077.
Sen. Frerichs moved that the Senate do concur in House amendments to SCR 12.
The question being on Sen. Frerichs' motion that the Senate do concur in House
amendments to SCR 12.
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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Excused:
Kolbeck; Peters
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Was read the second time.
Sen. Frerichs moved that the Senate do concur in HCR 1012 as found on page 523 of the
House Journal.
The question being on Sen. Frerichs' motion that HCR 1012 be concurred in.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik
Excused:
Kolbeck; Peters; Youngberg
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1012 was concurred in.
SCR 17: A CONCURRENT RESOLUTION, Supporting and encouraging the continued
funding of the Native American achievement school program at Todd County Middle School.
Was read the second time.
Which motion prevailed.
The question being on Sen. Heinert's motion that SCR 17 be adopted as amended.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik
Excused:
Klumb; Kolbeck; Youngberg
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 17 was adopted as amended.
Sen. Rusch moved that the Committee on Judiciary be instructed to deliver HB 1123 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported.
Sen. Curd moved that HB 1157 be deferred to Tuesday, February 27th, the thirtieth
legislative day.
Which motion prevailed.
Sen. Curd moved that HB 1192 be deferred to Monday, March 5th, the thirty-third
legislative day.
Which motion prevailed.
Sen. Curd moved that the reports of the Standing Committees on
State Affairs on HB 1007 as found on page 577 of the Senate Journal; also
Which motion prevailed.
HB 1170: FOR AN ACT ENTITLED, An Act to revise law on notarial acts.
Was read the first time and referred to the Committee on Judiciary.
HB 1257: FOR AN ACT ENTITLED, An Act to designate certain highways by townships
and counties as no maintenance highways.
Was read the first time and referred to the Committee on Local Government.
HB 1285: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
community safety zones.
Was read the first time and referred to the Committee on Judiciary.
HB 1286: FOR AN ACT ENTITLED, An Act to authorize certain political parties to be
classified under alternative political status, to revise certain provisions regarding nominating
petitions, and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1308: FOR AN ACT ENTITLED, An Act to revise the distribution of revenue from
the alcoholic beverage fund.
Was read the first time and referred to the Senate Committee on Appropriations
The following bill was read on January 23, 2018, and today the President Pro tempore
assigned this bill to committee.
HB 1200 was referred to the Committee on State Affairs.
HB 1107: FOR AN ACT ENTITLED, An Act to revise and repeal various provisions
regarding the construction and maintenance of county and township highways and bridges.
Was read the second time.
The question being "Shall HB 1107 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Kolbeck
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 1270: FOR AN ACT ENTITLED, An Act to adjust the period of time requiring the use
of lighted front and rear lamps on motor vehicles.
Was read the second time.
The question being "Shall HB 1270 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Kolbeck
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 1093: FOR AN ACT ENTITLED, An Act to authorize certain insurance transactions
and policies in a language other than English.
Was read the second time.
The question being "Shall HB 1093 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert;
Jensen (Phil); Kennedy; Killer; Klumb; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tidemann; White; Wiik; Youngberg
Nays:
Tapio
Excused:
Kolbeck
Sen. Curd moved that HB 1255 be deferred to Tuesday, February 27th, the thirtieth
legislative day.
Which motion prevailed.
HB 1236: FOR AN ACT ENTITLED, An Act to provide for the acquisition of certain
motor vehicle titles by auction agencies in certain circumstances.
Was read the second time.
The question being "Shall HB 1236 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Kolbeck
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 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
limitations on licensees engaged in the business of making loans.
Was read the second time.
The question being "Shall HB 1094 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Kolbeck
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 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
municipal annual reports.
SB 147: FOR AN ACT ENTITLED, An Act to authorize local governing bodies to
establish the per diem rate for housing and development commissions.
SB 209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
Nutrient Research and Education Council.
HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding used
motorcycles offered for sale at an event.
HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
property tax collections, delinquent property taxes, tax certificates, and tax deeds.
HB 1159: FOR AN ACT ENTITLED, An Act to revise certain notification provisions
regarding damage of underground facilities.
HB 1173: FOR AN ACT ENTITLED, An Act to provide for inactive status of airport
liquor licenses.
HB 1185: FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage
of wine at certain licensed premises.
And signed the same in the presence of the Senate.
SC 45 Introduced by: Senators Rusch, Frerichs, Kennedy, Kolbeck, Partridge, Solano,
Wiik, and Youngberg and Representatives Rasmussen, Ahlers, Heinemann, Holmes, Lake, and
Otten (Herman)
Sen. Cammack moved that the Senate do now adjourn, which motion prevailed and at
3:09 p.m. the Senate adjourned.