BE IT REMEMBERED, That on the twelfth day of January, A.D., two thousand ten,
at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the
State of South Dakota for the convening of the Legislature, the Eighty-fifth regular session of
the Senate of the State of South Dakota was called to order by Lieutenant Governor Dennis
Daugaard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our
government.
The following prayer was offered by Pastor Paul Bly, Pierre/Ft. Pierre Ministerial
Association:
Almighty God, here we are at the beginning of another session to make laws to govern
Your precious people. Help us, O Lord, to always remember the awesome responsibility to do
so with careful discernment, open minds, collegial relationships, and disciplined behaviors.
Help all of us to remember Your gracious abundance even in the midst of serious budget
constraints. Help these Senators to see those in our state that are not readily visible and to hear
the voices of the poor and powerless. Bless and keep in Your tender care the families of these
Senators. We pray for and give thanks for all the workers who make this session go so well. In
Your Holy Name we pray. Amen.
The Pledge of Allegiance to the flag of the United States was led by Senate pages
Brittani Beckman and Cortlyn Hagman.
District No. 1 Day, Marshall, and Roberts Counties
Gary D. Hanson, Sisseton
District No. 2 Brown and Spink Counties
Jim Hundstad, Bath
District No. 3 Brown and McPherson Counties
Al Novstrup, Aberdeen
District No. 4 Brookings, Deuel, Grant, and Moody Counties
Jim Peterson, Revillo
District No. 5 Codington County
Nancy J. Turbak Berry, Watertown
District No. 6 Beadle, Clark, Codington, Hamlin, and Kingsbury Counties
Art Fryslie, Willow Lake
District No. 7 Brookings County
Pam Merchant, Brookings
District No. 8 Lake, Miner, Moody, and Sanborn Counties
Russell Olson, Madison
District No. 9 Minnehaha County
Thomas A. Dempster, Sioux Falls
District No. 10 Lincoln and Minnehaha Counties
Gene G. Abdallah, Sioux Falls
District No. 11 Lincoln and Minnehaha Counties
Jason M. Gant, Sioux Falls
District No. 12 Lincoln and Minnehaha Counties
Sandy Jerstad, Sioux Falls
District No. 13 Minnehaha County
Scott N. Heidepriem, Sioux Falls
District No. 14 Minnehaha County
Dave L. Knudson, Sioux Falls
District No. 16 Lincoln and Union Counties
Margaret V. Gillespie, Hudson
District No. 17 Clay and Turner Counties
Ben Nesselhuf, Vermillion
District No. 18 Yankton County
Jean Hunhoff, Yankton
District No. 19 Bon Homme, Douglas, Hutchinson, and Turner Counties
Frank J. Kloucek, Scotland
District No. 20 Aurora and Davison Counties
Mike Vehle, Mitchell
District No. 21 Brule, Buffalo, Charles Mix, Jones, and Lyman Counties
Cooper Garnos, Presho
District No. 22 Beadle, Hand, and Jerauld Counties
Tom Hansen, Huron
District No. 23 Campbell, Edmunds, Faulk, Hyde, McPherson, Potter, and Walworth Counties
Corey Brown, Gettysburg
District No. 24 Hughes, Stanley, and Sully Counties
Bob Gray, Pierre
District No. 25 Hanson, McCook, and Minnehaha Counties
Dan Ahlers, Dell Rapids
District No. 26 Gregory, Mellette, Todd, and Tripp Counties
Julie Bartling, Burke
District No. 27 Bennett, Haakon, Jackson, and Shannon Counties
Jim Bradford, Pine Ridge
District No. 28 Butte, Corson, Dewey, Harding, Meade, Perkins, and Ziebach Counties
Ryan Maher, Isabel
District No. 29 Butte and Meade Counties
Larry Rhoden, Union Center
District No. 30 Custer, Fall River, and Pennington Counties
Gordon Howie, Rapid City
District No. 32 Pennington County
Stan Adelstein, Rapid Ctiy
District No. 33 Meade and Pennington Counties
Dennis Schmidt, Rapid City
District No. 34 Pennington County
Craig Tieszen, Rapid City
District No. 35 Pennington County
Jeffrey K. Haverly, Rapid City
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal
of the state of South Dakota, this 11th day of January, 2010.
(SEAL) Chris Nelson
Roll Call: All members present except Sen. Gillespie, who was excused.
September 9, 2009
The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501
Re: Appointment of David R. Nelson, to the Board of Pardons and Paroles
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court
has appointed David R. Nelson, an attorney from Sioux Falls, South Dakota, to the Board of
Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the
Senate for consent during the next Legislative Session.
Sen. Knudson moved that the Senate do now proceed with the organization of the Senate.
Which motion prevailed.
Sen. Knudson moved that Sen. Gray be elected President Pro tempore of the Senate for the
Eighty-fifth Legislative Session.
The question being on Sen. Knudson's motion that Sen. Gray be elected President Pro
tempore of the Senate for the Eighty-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
The oath of office was administered by the Honorable Glen Severson, Justice of the
Supreme Court of the State of South Dakota, to President Pro tempore Bob Gray.
Which was subscribed to and placed on file in the office of the Secretary of State.
Sen. Knudson moved that Trudy Evenstad be elected Secretary of the Senate for the
Eighty-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
The oath of office was administered by the Honorable Glen Severson, Justice of the
Supreme Court of the State of South Dakota, to Secretary of the Senate Trudy Evenstad.
Which was subscribed to and placed on file in the office of the Secretary of State.
Sen. Knudson moved that the permanent joint rules and the permanent Senate rules of the
Eighty-fourth Legislative Session be adopted as the temporary joint rules and temporary Senate
rules for the Eighty-fifth Legislative Session.
The question being on Sen. Knudson's motion that the permanent joint rules and the
permanent Senate rules of the Eighty-fourth Legislative Session be adopted as the temporary
joint rules and temporary Senate rules for the Eighty-fifth Legislative Session.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.
Assistant to the Secretary -- Kay Agena
Assistant to the Secretary -- Carolyn Riter
Assistant to the Secretary -- Carolyn Jorgensen
Secretary to the President Pro Tempore -- Cheri Hauschild
Secretary to the Majority Leader -- Rena Ortbahn
Secretary to the Minority Leader -- Ann Eichinger
Appropriations Secretary -- Barbara Bjorneberg
Committee Secretaries -- Lois Henry, Cindy Louder
Sergeant-at-Arms -- Dave Bonde
Assistant Sergeants-at-Arms -- Robert Bartlett, Larry Vetter
Pages (1st term) -- Brittani Beckman, Cortlyn Hagman, Ross Julson, Kody Kyriss,
Amanda Lentz, Dakota Marshall, M'Kenzi McNenny, Carmen Niemeyer,
Caitlyn Roth, Hilary Roth, Kristina Sackmann, Amanda Schackow, Austin
Trask
Pages (2nd term) -- Stephanie Bettin, Ashley Cremers, Kalyn Eulberg, Richmond
Fiksdal, Haley Henrichs, Sara Jorgensen, Cassandra Pease, Rebecca Pease,
Christina Rash, Jada Ratzlaff
Pages (3rd term) -- Bradley Cihak, Layne Duvall, Aisling Gould, Laci Hale, Cheyann
Kessler, Cory Kleinsasser, Tiffany Newman, Reagan Nielsen, Abigail Olfert,
Samantha Olsen, Daniel Vellek, Leah Wienbar, Claire Wilka
Pages (4th term) -- Alexandra Alspach, Paxton Bachand, Zachary Bunn, Zoe Cope,
Kelcy Curtis, Jocilyn Hansen, Aaron Schanzenbach, Abbie Schuring, Megan
Simon, Elizabeth Volzke, Ann Wilken, Jesse Willard
Legislative Interns -- Katelyn Abraham, Liam Culhane, Kate Dykstra, Michael Ewald,
Tyler Holmquist, Suzanne Jones, Aaron Lorenzen, Jennifer Pogany, Kelsey
Webb
Legislative Aides -- Pete Heidepriem, Jordan Feist
Assistant to the Secretary -- Kay Agena
Assistant to the Secretary -- Carolyn Riter
Assistant to the Secretary -- Carolyn Jorgensen
Secretary to the President Pro Tempore -- Cheri Hauschild
Secretary to the Majority Leader -- Rena Ortbahn
Secretary to the Minority Leader -- Ann Eichinger
Appropriations Secretary -- Barbara Bjorneberg
Committee Secretaries -- Lois Henry, Cindy Louder
Sergeant-at-Arms -- Dave Bonde
Assistant Sergeants-at-Arms -- Robert Bartlett, Larry Vetter
Legislative Interns -- Katelyn Abraham, Liam Culhane, Kate Dykstra, Michael Ewald,
Tyler Holmquist, Suzanne Jones, Aaron Lorenzen, Jennifer Pogany, Kelsey
Webb
Legislative Aides -- Pete Heidepriem, Jordan Feist
Which was subscribed to and placed on file in the office of the Secretary of State.
The oath of office was administered by the President of the Senate, Lt. Governor Dennis
Daugaard to the 1st term pages.
Pages (1st term) -- Brittani Beckman, Cortlyn Hagman, Ross Julson, Kody Kyriss,
Amanda Lentz, Dakota Marshall, M'Kenzi McNenny, Carmen Niemeyer,
Caitlyn Roth, Hilary Roth, Kristina Sackmann, Amanda Schackow, Austin
Trask
Which was subscribed to and placed on file in the office of the Secretary of State.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to arrange for a Joint Session to hear the
message of the Governor.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to notify the Governor that the Legislature
is duly organized and ready to meet in Joint Session to receive any communications he may
desire to make.
Which motion prevailed and the President announced as such committee Sens. Gray,
Knudson, and Heidepriem.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House relative to the Joint Rules for the two
houses for the Eighty-fifth Legislative Session.
Which motion prevailed and the President announced as such committee Sens. Gray,
Knudson, and Heidepriem.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to arrange for legislative days for the
members, officers, and employees of the Senate and the House.
Which motion prevailed and the President announced as such committee Sens. Gray,
Knudson, and Heidepriem.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House for the purpose of setting the compensation
schedule of the elective and appointive officers and employees of the Senate and House for the
Eighty-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that
such compensation schedule be filed with the Director of the Legislative Research Council and
the State Auditor.
Which motion prevailed and the President announced as such committee Sens. Gray,
Knudson, and Heidepriem.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House for the purpose of conferring with the
Director of the Legislative Research Council in regard to making arrangements for the
distribution of the official directory, Senate and House journals, and bills and other legislative
printing for the two houses and the state offices, with the full power to act.
Which motion prevailed and the President announced as such committee Sens. Dempster, Garnos, and Gary Hanson.
Which motion prevailed and the President announced as such committee Sens. Tom
Hansen, Rhoden, and Bartling.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to arrange for a memorial recognition of
deceased former members of the Senate and House.
Which motion prevailed and the President announced as such committee Sens. Al
Novstrup, Tieszen, and Miles.
Sen. Knudson moved that a committee of three on the part of the Senate be appointed to
meet with a committee of four on the part of the House to arrange for a Joint Session of the
Senate and House of Representatives to receive a message from the Chief Justice of the
Supreme Court.
Which motion prevailed and the President announced as such committee Sens. Gray,
Knudson, and Heidepriem.
The President announced the appointment of the following standing committees:
Your Joint-Select Committee appointed to notify the Governor that the Legislature is
duly organized and ready to meet in Joint Session to receive any communications he may
desire to transmit respectfully reports that the Governor is ready to appear before the Joint
Session to deliver his message.
Respectfully submitted, Respectfully submitted,
Val Rausch Bob Gray
Kristi Noem Dave Knudson
H. Paul Dennert Scott Heidepriem
House Committee Senate Committee
Sen. Knudson moved that the report of the Joint-Select Committee relative to notifying
the Governor that the Legislature is duly organized and ready to meet in Joint Session be
adopted.
Which motion prevailed.
Also MR. PRESIDENT:
Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session
of the Senate and the House of Representatives to receive the message of the Governor
respectfully reports:
That the President of the Senate preside over the Joint Session and that the Secretary of
the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint
Session.
That the Justices of the Supreme Court and the elective and appointed officials of the
state government be invited to attend the Joint Session.
That when the message of the Governor has been received, the Joint Session be
dissolved.
That the message of the Governor be printed in the House Journal.
Respectfully submitted, Respectfully submitted,
Val Rausch Bob Gray
Kristi Noem Dave Knudson
H. Paul Dennert Scott Heidepriem
House Committee Senate Committee
Sen. Knudson moved that the report of the Joint-Select Committee relative to
arranging for a Joint Session to receive a message from the Governor be adopted.
Which motion prevailed.
Also MR. PRESIDENT:
Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session
of the Senate and the House of Representatives to receive a message of the Chief Justice of
the Supreme Court respectfully reports:
That the Senate and the House convene in Joint Session in the Chamber of the House of
Representatives at 1:30 p.m., January 13, 2010.
That the President of the Senate preside over the Joint Session and that the Secretary of
the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint
Session.
That the Justices of the Supreme Court, the Governor and elective and appointed
officials of the state government be invited to attend the Joint Session.
That when the message of the Chief Justice has been received, the Joint Session be
dissolved.
Respectfully submitted, Respectfully submitted,
Bob Faehn Bob Gray
Kristi Noem Dave Knudson
Bernie Hunhoff Scott Heidepriem
H. Paul Dennert Senate Committee
House Committee
Sen. Knudson moved that the report of the Joint-Select Committee relative to arranging
for a Joint Session to receive a message from the Chief Justice of the Supreme Court be
adopted.
Which motion prevailed.
SB 1 Introduced by: Senators Vehle, Ahlers, Fryslie, and Merchant and
Representatives Krebs, Elliott, Lange, Lucas, McLaughlin, Putnam, and Street at the request
of the Long-term Highway Needs and Department of Transportation Agency Review
Committee
FOR AN ACT ENTITLED, An Act to increase certain registration fees and taxes for
the use of motor vehicles on the public highways and to declare an emergency.
Was read the first time and referred to the Committee on Transportation.
SB 2 Introduced by: Senators Nelson, Maher, and Tieszen and Representatives Rounds,
Carson, Faehn, Kirkeby, Lederman, Sorenson, and Turbiville at the request of the Interim
Committee on Alcoholic Beverage Control and Licensing Laws
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcoholic
beverage control and licensing laws.
Was read the first time and referred to the Committee on Commerce.
SB 3 Introduced by: Senators Maher and Nelson and Representatives Sorenson, Faehn,
Kirkeby, Lederman, and Turbiville at the request of the Interim Committee on Alcoholic
Beverage Control and Licensing Laws
FOR AN ACT ENTITLED, An Act to require nondiscriminatory pricing between malt
beverage suppliers and malt beverage wholesalers.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to revise certain rule-making authority regarding
the sale of certain alcoholic beverage container sizes to on-sale licensees.
Was read the first time and referred to the Committee on Commerce.
SB 5 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch, Engels,
Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
registration of juvenile sex offenders.
Was read the first time and referred to the Committee on Judiciary.
SB 6 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch, Engels,
Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to revise the criteria for removal from the sex
offender registry.
Was read the first time and referred to the Committee on Judiciary.
SB 7 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch, Engels,
Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to permit certain sex offenders who are homeless
or on parole to reside in certain halfway homes or homeless shelters within community
safety zones.
Was read the first time and referred to the Committee on Judiciary.
SB 8 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch, Engels,
Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to establish the application of certain statutes
relating to the sex offender registry with regard to out-of-state offenders residing in the state
of South Dakota.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to limit misdemeanor eligibility for registration on
the sex offender registry.
Was read the first time and referred to the Committee on Judiciary.
SB 10 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch,
Engels, Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to reduce the grace period for certain sex offender
registry registrations.
Was read the first time and referred to the Committee on Judiciary.
SB 11 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch,
Engels, Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to define solicitation of or conspiracy to commit
certain crimes as registerable sex offenses.
Was read the first time and referred to the Committee on Judiciary.
SB 12 Introduced by: Senators Abdallah and Jerstad and Representatives Gosch,
Engels, Gibson, and Sly at the request of the Interim Sex Offender Registry Committee
FOR AN ACT ENTITLED, An Act to provide for a tiered sex offender registry and to
establish certain criteria for eligibility to petition for removal or reassignment.
Was read the first time and referred to the Committee on Judiciary.
SB 13 Introduced by: The Committee on Local Government at the request of the State
Board of Elections
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning petitions
and elections.
Was read the first time and referred to the Committee on Local Government.
SB 14 Introduced by: The Committee on Transportation at the request of the
Department of Public Safety
Was read the first time and referred to the Committee on Transportation.
SB 15 Introduced by: The Committee on Commerce at the request of the Department
of Public Safety
FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire
prevention.
Was read the first time and referred to the Committee on Commerce.
SB 16 Introduced by: The Committee on Transportation at the request of the
Department of Public Safety
FOR AN ACT ENTITLED, An Act to revise certain commercial driver licensing
provisions and penalties.
Was read the first time and referred to the Committee on Transportation.
SB 17 Introduced by: The Committee on Transportation at the request of the
Department of Public Safety
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restricted
driving permits for minors.
Was read the first time and referred to the Committee on Transportation.
SB 18 Introduced by: The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act to revise certain retirement provisions regarding
retired members of the South Dakota Retirement System who return to covered employment
and to declare an emergency.
Was read the first time and referred to the Committee on Retirement Laws.
SB 19 Introduced by: The Committee on Retirement Laws at the request of the South
Dakota Retirement System
Was read the first time and referred to the Committee on Retirement Laws.
SB 20 Introduced by: The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the
South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 21 Introduced by: The Committee on Retirement Laws at the request of the South
Dakota Retirement System
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exclusive
benefit requirements and the range of investments available to the South Dakota Retirement
System member trust fund.
Was read the first time and referred to the Committee on Retirement Laws.
SB 22 Introduced by: The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to establish a fund for the collection of donations
to the birth to three program.
Was read the first time and referred to the Committee on Education.
SB 23 Introduced by: The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to eliminate the two-year delay of certain rule
changes that increase teacher certification fees.
Was read the first time and referred to the Committee on Education.
SB 24 Introduced by: The Committee on Education at the request of the Department of
Education
Was read the first time and referred to the Committee on Education.
SB 25 Introduced by: The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition for
students transferring from a resident district that does not receive state aid to education and
to repeal certain provisions related to state aid to education for students transferring to a
nonresident school district that does not receive state aid to education.
Was read the first time and referred to the Committee on Education.
SB 26 Introduced by: The Committee on Appropriations at the request of the Board of
Regents
FOR AN ACT ENTITLED, An Act to make an additional appropriation to the Board
of Regents to construct an addition to the Northern State University Joseph H. Barnett
Center.
Was read the first time and referred to the Committee on Appropriations.
SB 27 Introduced by: The Committee on Appropriations at the request of the
Department of Human Services
FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority
and the Department of Human Services to provide for the design, construction, and
equipping of a dietary services building addition at the Human Services Center.
Was read the first time and referred to the Committee on Appropriations.
SB 28 Introduced by: The Committee on Taxation at the request of the Department of
Revenue and Regulation
FOR AN ACT ENTITLED, An Act to provide relief from liability from a sales and use
tax rate change in certain circumstances.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to revise the exemption of direct mail postage and
to define direct mail for certain tax purposes.
Was read the first time and referred to the Committee on Taxation.
SB 30 Introduced by: The Committee on Taxation at the request of the Department of
Revenue and Regulation
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance
of tax refunds for the construction of agricultural processing or new business facilities.
Was read the first time and referred to the Committee on Taxation.
SB 31 Introduced by: The Committee on Taxation at the request of the Department of
Revenue and Regulation
FOR AN ACT ENTITLED, An Act to update certain provisions regarding the
reimbursable expense exemption from the sales and service tax allowed licensed
accountants.
Was read the first time and referred to the Committee on Taxation.
SB 32 Introduced by: The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus
lines insurance.
Was read the first time and referred to the Committee on Commerce.
SB 33 Introduced by: The Committee on Taxation at the request of the Department of
Revenue and Regulation
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to delinquent
tax accounts.
Was read the first time and referred to the Committee on Taxation.
SB 34 Introduced by: The Committee on Transportation at the request of the Department of Revenue and Regulation
Was read the first time and referred to the Committee on Transportation.
SB 35 Introduced by: The Committee on Commerce at the request of the Department
of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to require the policyholder's signed acceptance for
endorsements that reduce or eliminate coverage upon certain health insurance policy
issuance.
Was read the first time and referred to the Committee on Commerce.
SB 36 Introduced by: The Committee on Transportation at the request of the
Department of Revenue and Regulation
FOR AN ACT ENTITLED, An Act to provide for the denial of certain motor carrier
registrations.
Was read the first time and referred to the Committee on Transportation.
SB 37 Introduced by: The Committee on Agriculture and Natural Resources at the
request of the State Brand Board
FOR AN ACT ENTITLED, An Act to authorize the State Brand Board to impose
certain administrative fines.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 38 Introduced by: The Committee on Agriculture and Natural Resources at the
request of the State Brand Board
FOR AN ACT ENTITLED, An Act to revise certain brand inspection provisions
regarding shipper's permits.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 39 Introduced by: The Committee on Health and Human Services at the request of
the Department of Human Services
Was read the first time and referred to the Committee on Health and Human Services.
SB 40 Introduced by: The Committee on Health and Human Services at the request of
the Board of Dentistry
FOR AN ACT ENTITLED, An Act to provide for the suspension of certain licenses
and registrations relating to dentistry for failure to renew the license or registration.
Was read the first time and referred to the Committee on Health and Human Services.
SB 41 Introduced by: The Committee on Health and Human Services at the request of
the Department of Social Services
FOR AN ACT ENTITLED, An Act to specify the criminal penalty for providing care
for more than twelve children in an unregistered family day care.
Was read the first time and referred to the Committee on Health and Human Services.
SB 42 Introduced by: The Committee on Health and Human Services at the request of
the Department of Social Services
FOR AN ACT ENTITLED, An Act to prohibit the employment of certain persons in
unregistered family day care homes and to provide a penalty therefor.
Was read the first time and referred to the Committee on Health and Human Services.
SB 43 Introduced by: The Committee on Judiciary at the request of the Public Utilities
Commission
FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to
recover and disburse certain damages on behalf of retail customers of telecommunications
companies.
Was read the first time and referred to the Committee on Judiciary.
SB 44 Introduced by: The Committee on Judiciary at the request of the Public Utilities
Commission
FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to conduct certain rule-making proceedings by teleconference.
SB 45 Introduced by: The Committee on Transportation at the request of the
Department of Transportation
FOR AN ACT ENTITLED, An Act to revise the state trunk highway system in
Codington County.
Was read the first time and referred to the Committee on Transportation.
SB 46 Introduced by: The Committee on Appropriations at the request of the Bureau of
Finance and Management
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.
Was read the first time and referred to the Committee on Appropriations.
SB 47 Introduced by: The Committee on Appropriations at the request of the Bureau of
Finance and Management
FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2010
state aid to special education appropriation to fiscal year 2011.
Was read the first time and referred to the Committee on Appropriations.
SB 48 Introduced by: The Committee on Appropriations at the request of the Bureau of
Finance and Management
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 first time and referred to the Committee on Appropriations.
SB 49 Introduced by: The Committee on Appropriations at the request of the Bureau of
Finance and Management
FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal
year 2010.
Was read the first time and referred to the Committee on Appropriations.
FOR AN ACT ENTITLED, An Act to authorize allocation and reallocation of volume,
issuance authority, and other benefits in order to facilitate the issuance of bonds and
compliance with certain federal requirements and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 51 Introduced by: The Committee on Judiciary at the request of the Office of the
Secretary of State
FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with the
secretary of state by electronic means and to provide penalties for false filings.
Was read the first time and referred to the Committee on Local Government.
SB 52 Introduced by: The Committee on Agriculture and Natural Resources at the
request of the Department of Agriculture
FOR AN ACT ENTITLED, An Act to revise fees for certain phytosanitary certificates
and inspections.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 53 Introduced by: The Committee on Appropriations at the request of the
Department of Corrections
FOR AN ACT ENTITLED, An Act to make an appropriation for the construction and
renovation of a combined minimum security and parole facility in Rapid City and to declare
an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 54 Introduced by: The Committee on Judiciary at the request of the Department of
Corrections
FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement
of civil actions by inmates.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
eligibility.
Was read the first time and referred to the Committee on Judiciary.
SB 56 Introduced by: The Committee on Commerce at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations
regarding pipeline safety inspection.
Was read the first time and referred to the Committee on Commerce.
SB 57 Introduced by: The Committee on Commerce at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in
certain electric service area disputes and adequacy of service complaints.
Was read the first time and referred to the Committee on Commerce.
SB 58 Introduced by: The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small
renewable energy facilities.
Was read the first time and referred to the Committee on State Affairs.
SB 59 Introduced by: The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to revise certain contractors' excise tax refunds for
small power production facilities.
Was read the first time and referred to the Committee on State Affairs.
SB 60 Introduced by: The Committee on Commerce at the request of the Public
Utilities Commission
Was read the first time and referred to the Committee on Commerce.
SB 61 Introduced by: The Committee on State Affairs at the request of the Public
Utilities Commission
FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for
purchases of electricity produced by small renewable power facilities.
Was read the first time and referred to the Committee on State Affairs.
SB 62 Introduced by: The Committee on Transportation at the request of the
Department of Public Safety
FOR AN ACT ENTITLED, An Act to revise the notice requirements for closure of a
highway and to provide a civil penalty for failure to comply with a closure.
Was read the first time and referred to the Committee on Transportation.
SB 63 Introduced by: The Committee on Education at the request of the Department of
Education
FOR AN ACT ENTITLED, An Act to authorize the establishment of charter schools.
Was read the first time and referred to the Committee on Education.
I have the honor to inform your honorable body that the House has appointed Reps.
Rausch, Noem, and Dennert as a committee of three on the part of the House to meet with a
like committee on the part of the Senate to arrange for a Joint Session of the two houses to
hear the message of the Governor.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Noem, and Dennert as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly
organized and ready to meet in Joint Session to receive any communications he may desire
to make.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Rave, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet
with a like committee on the part of the Senate relative to the Joint Rules for the Eighty-fifth
Legislative Session.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Boomgarden, Lust, and Feinstein as a committee of three on the part of the House to meet
with a like committee on the part of the Senate to arrange for legislative days for the
members, officers, and employees of the House and Senate.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Rave, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet
with a like committee on the part of the Senate for the purpose of setting the compensation
schedule of the elective and appointive officers and employees of the House and Senate for
the Eighty-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and
that such compensation schedule be filed with the Director of the Legislative Research
Council and the State Auditor.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Gosch, Steele, and Frerichs as a committee of three on the part of the House to meet with a
like committee on the part of the Senate for the purpose of conferring with the Director of
the Legislative Research Council in regard to making arrangements for the distribution of
the official directory, House and Senate Journals, and bills and other legislative printing for
the two houses and the state offices with full power to act.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Hunt, Van Gerpen, and Dennert as a committee of three on the part of the House to meet
with a like committee on the part of the Senate relative to securing chaplains for the Eighty-fifth Legislative Session.
I have the honor to inform your honorable body that the House has appointed Reps.
Hunt, Moser, and Dennert as a committee of three on the part of the House to meet with a
like committee on the part of the Senate for the purpose of arranging for a memorial
recognition of deceased former members of the House and Senate.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed Reps.
Faehn, Noem, Bernie Hunhoff, and Dennert as a committee of four on the part of the House
to meet with a committee of three on the part of the Senate to make arrangements for a Joint
Session of the Senate and House of Representatives to receive a message from the Chief
Justice of the Supreme Court.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report
of the Joint-Select Committee for the purpose of arranging a Joint Session of the two houses
to receive the message of the Governor.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report
of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature
is duly organized and ready to meet in Joint Session to receive any communication he may
desire to transmit.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report
of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of
the Judiciary message from the Chief Justice of the Supreme Court.
Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m.
on Wednesday, January 13, the 2nd legislative day.
Which motion prevailed.
Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at
12:42 p.m. the Senate adjourned.
Pursuant to the report of the Joint-Select Committee, the Senate convened with the
House of Representatives in the House Chamber for the purpose of receiving a message
from the Governor, M. Michael Rounds. The President of the Senate, Dennis Daugaard,
presided.
The following prayer was delivered by Pastor Daniel Varns, Pierre/Ft. Pierre
Ministerial Association, Pierre, South Dakota:
Heavenly Father, we gather this afternoon to reflect on where we've been, discern
where we are, and determine the direction we need to go. Thank You for Your guidance in
the past, Your wisdom for the present, and Your knowledge of the future. We are mindful of
the tremendous responsibility that rests on the shoulders of leaders. I ask that You would
grant these men and women the grace, patience, and perseverance to carry out these
responsibilities. We pray for those of our state who find themselves in need. We ask that
You would be with them, and that their needs would be met. Make a way for them at a time
when it appears no way exists. Thank You for our elected officials and all who serve with
them. Grant them all they need now and in the coming days. Watch over them, their
families, their businesses, and all they leave behind while they serve our state. Thank You
for hearing our prayers. Amen.
The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the
following members were present:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean;
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al;
Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle.
The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the
House and the following members were present:
Blake; Bolin; Boomgarden; Brunner; Burg; Carson; Conzet; Cronin; Curd; Cutler;
Deadrick; Dennert; Elliott; Engels; Faehn; Fargen; Feickert; Feinstein; Frerichs; Gibson;
Gosch; Greenfield; Hamiel; Hoffman; Hunhoff, Bernie; Hunt; Jensen; Juhnke; Kirkeby;
Kirschman; Kopp; Krebs; Lange; Lederman; Lucas; Lust; McLaughlin; Moser; Noem;
Novstrup, David; Nygaard; Olson, Betty; Olson, Ryan; Peters; Pitts; Putnam; Rausch;
Romkema; Rounds; Schlekeway; Schrempp, Sly; Solberg; Solum; Sorenson; Steele; Street;
Thompson; Tidemann; Turbiville; Van Gerpen; Vanderlinde; Vanneman; Verchio; Wink;
Wismer; Speaker Rave.
Sen. Knudson moved that a committee of three on the part of the Senate and a
committee of five on the part of the House be appointed to escort the Honorable M. Michael
Rounds, Governor of the State of South Dakota, to the rostrum.
The Sergeant at Arms announced the arrival of the Honorable M. Michael Rounds,
who was escorted to the rostrum.
The Lieutenant Governor, Dennis Daugaard, introduced the Honorable M. Michael
Rounds, who delivered the State of the State Address.
Sen. Knudson moved that the Joint Session do now dissolve.
Which motion prevailed.