The prayer was offered by the Chaplain, Sunshine Minzlaff, followed by the Pledge of
Allegiance led by Senate pages Melissa Schram and Rachel Schram.
Roll Call: All members present except Sens. Lintz, Jim Peterson, and Two Bulls 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 seventh 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 Appropriations respectfully reports that it has had under consideration
SB
22 and
26 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 19 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Taxation respectfully reports that it has had under consideration SB
67
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB
1047 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration the nomination of Deborah Bowman of Pierre, South Dakota, as the Secretary of
the Department of Social Services and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment.
The Committee on Judiciary respectfully reports that it has had under consideration SB
69
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB
63
and
68 and returns the same with the recommendation that said bills do pass and be placed on
the Consent Calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Mark F. Marshall of Sioux Falls, Minnehaha County, South Dakota, to the Board
of Pardons and Paroles and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Sara L. Burnette of Sioux Falls, Minnehaha County, South Dakota, to the Board
of Pardons and Paroles and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Jerome B. Lammers of Madison, Lake County, South Dakota, to the Board of
Pardons and Paroles and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Dennis L. Kaemingk of Mitchell, Davison County, South Dakota, to the Board
of Pardons and Paroles and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said reappointment.
I have the honor to transmit herewith HB 1005, 1008, 1016, 1018, 1043, 1048, 1050, 1052,
1053, 1063, and 1064 which have passed the House and your favorable consideration is
respectfully requested.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-first
Legislature of the State of South Dakota to Ryan Budmayr, Byron Crowe, Rebecca Jaspers,
Aaron Lacey, Meagan O'Connor, Sarah O'Donnell, Cheryl Peyton, Michelle Sawyer,
Melissa Schram, and Rachel Schram.
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-first
Legislative Session; and
WHEREAS, the members of the Eighty-first Senate express their most sincere appreciation
to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Bogue moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Bogue's motion that Senate Page Resolution 1 be adopted.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Excused:
Apa; Lintz; Peterson (Jim); Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Bogue moved that the reports of the Standing Committees on
Judiciary on SB 1 as found on page 100 of the Senate Journal
; also
Judiciary on SB 57 as found on page 100 of the Senate Journal
; also
Judiciary on SB 58 as found on page 101 of the Senate Journal
; also
Judiciary on SB 59 as found on page 101 of the Senate Journal
; also
Education on SB 29 as found on page 101 of the Senate Journal
; also
Commerce on SB 31 as found on page 102 of the Senate Journal
; also
Transportation on SB 17 as found on page 103 of the Senate Journal be adopted.
Which motion prevailed.
SB 155
Introduced by:
Senators Kelly, Abdallah, Broderick, Dempster, Gray, Knudson,
Moore, Olson (Ed), Smidt, and Sutton (Dan) and Representatives Faehn, Garnos, Haley,
Halverson, Hargens, Howie, Jensen, Koistinen, McCoy, Miles, Novstrup, Rounds, and Van
Etten
FOR AN ACT ENTITLED, An Act to
permit salespersons and broker associates within
the same firm to form a business corporation or limited liability company under certain
conditions.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to
prohibit the picketing of funerals under certain
circumstances and to provide penalties for the violation thereof.
Was read the first time and referred to the Committee on Judiciary.
SB 157
Introduced by:
Senators Hansen (Tom), Duenwald, Kelly, Moore, Olson (Ed), and
Sutton (Dan) and Representatives Haley, Dennert, Dykstra, Garnos, Hargens, Hennies, Jensen,
Rave, and Turbiville
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the exercise of
the right of eminent domain by a railroad.
Was read the first time and referred to the Committee on State Affairs.
SB 158
Introduced by:
Senators Dempster, Gray, Kelly, and Sutton (Duane) and
Representatives Rave and Halverson
FOR AN ACT ENTITLED, An Act to
appropriate money to the Department of Public
Safety for the coordination of 911 services.
Was read the first time and referred to the Committee on Appropriations.
SB 159
Introduced by:
Senators Gray, Abdallah, Broderick, Kelly, Knudson, Moore, Olson
(Ed), Smidt, and Sutton (Dan) and Representatives Cutler, Haley, Hargens, Hennies, Jensen, and
Turbiville
FOR AN ACT ENTITLED, An Act to
prohibit certain civil penalties on dishonored checks
and to revise the duties of the state's attorneys with respect thereto.
Was read the first time and referred to the Committee on Judiciary.
SB 160
Introduced by:
Senators Apa, Bartling, Greenfield, Hanson (Gary), Napoli, Smidt,
and Sutton (Duane) and Representatives Dennert, Glenski, Hunhoff, Klaudt, Peters, Rausch, and
Tidemann
Was read the first time and referred to the Committee on Appropriations.
SB 161
Introduced by:
Senators Kloucek and Kooistra and Representatives Gassman,
Haley, and Halverson
FOR AN ACT ENTITLED, An Act to
establish a renewable energy production incentive
for wind power and to make an appropriation therefor.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 162
Introduced by:
Senators Kloucek and Kooistra and Representatives Gassman and
Haley
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the approval or
disapproval of conditional use requests.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 163
Introduced by:
Senators Nesselhuf, Hanson (Gary), and Napoli and Representatives
Haley and Hargens
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the financial
statements filed with the Office of Secretary of State by political party committees.
Was read the first time and referred to the Committee on State Affairs.
SB 164
Introduced by:
Senators Nesselhuf, Koetzle, and Koskan and Representatives Rave,
Gillespie, Haverly, Kroger, Miles, Murschel, and Peters
FOR AN ACT ENTITLED, An Act to
require a pre-election campaign financing statement
of candidates for legislative office.
Was read the first time and referred to the Committee on State Affairs.
SB 165
Introduced by:
Senators Koskan, Abdallah, Adelstein, Bartling, Bogue, Dempster,
Earley, Gant, Greenfield, Hanson (Gary), Kelly, Knudson, McCracken, Moore, Napoli, Olson
(Ed), Schoenbeck, and Sutton (Duane) and Representatives Dykstra, Brunner, Davis, Dennert,
Frost, Garnos, Gassman, Hackl, Hanks, Hargens, Haverly, Hennies, Jensen, Jerke, Klaudt,
Koistinen, Michels, Novstrup, Putnam, Rhoden, Roberts, Turbiville, Weems, and Wick
FOR AN ACT ENTITLED, An Act to
establish a position within the Legislative branch
of government to research the development of nuclear energy in South Dakota.
Was read the first time and referred to the Committee on State Affairs.
SB 166
Introduced by:
Senators Knudson and Bogue and Representatives O'Brien and
Cutler
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Athlete Agents Act.
Was read the first time and referred to the Committee on Commerce.
SB 167
Introduced by:
Senators Knudson, Apa, Dempster, Duniphan, Earley, Gant, Kelly,
Lintz, Napoli, Schoenbeck, and Sutton (Duane) and Representatives Wick, Cutler, Frost,
Heineman, Hunt, Kraus, Novstrup, O'Brien, Rave, Turbiville, Van Etten, and Weems
FOR AN ACT ENTITLED, An Act to
revise the conditions under which the state may
enter into gaming compacts with Indian tribes.
Was read the first time and referred to the Committee on State Affairs.
HB 1005:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
cancelled livestock brands.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1008:
FOR AN ACT ENTITLED, An Act to
permit the immediate reclassification of
nonagricultural acreage property under certain circumstances.
Was read the first time and referred to the Committee on Taxation.
HB 1016:
FOR AN ACT ENTITLED, An Act to
provide for the creation of a renewable
electricity and recycled energy renewable energy credit system by the Public Utilities
Commission.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Appropriations.
HB 1043:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding life
insurance exclusions.
Was read the first time and referred to the Committee on Commerce.
HB 1048:
FOR AN ACT ENTITLED, An Act to
revise the reporting and remittance
requirements for certain state taxes and to declare an emergency.
Was read the first time and referred to the Committee on Taxation.
HB 1050:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
taxation of motor fuel and the refunding of motor fuel taxes.
Was read the first time and referred to the Committee on Transportation.
HB 1052:
FOR AN ACT ENTITLED, An Act to
update the reference to certain federal
regulations regarding financial assistance to persons displaced by highway acquisition.
Was read the first time and referred to the Committee on Transportation.
HB 1053:
FOR AN ACT ENTITLED, An Act to
codify legislation enacted in 2005.
Was read the first time and referred to the Committee on State Affairs.
HB 1063:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions concerning the
authority of certain courts to issue warrants or summonses on indictment.
Was read the first time and referred to the Committee on Judiciary.
HB 1064:
FOR AN ACT ENTITLED, An Act to
increase the penalty for subsequent
convictions for the crime of stalking.
Was read the first time and referred to the Committee on Judiciary.
Sen. Knudson requested that SB 50 be removed from the Consent Calendar.
Sen. Ed Olson requested that SB 54 be removed from the Consent Calendar.
SB 15:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
trademark registration.
Was read the second time.
The question being "Shall SB 15 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Lintz; Peterson (Jim); Two Bulls
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 43:
FOR AN ACT ENTITLED, An Act to
update certain provisions for the storage of
explosive materials.
Was read the second time.
The question being "Shall SB 43 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 45:
FOR AN ACT ENTITLED, An Act to
modify certain requirements for group health
coverage for premature births, congenital defects, and birth abnormalities.
Was read the second time.
The question being "Shall SB 45 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Lintz; Peterson (Jim); Two Bulls
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 47:
FOR AN ACT ENTITLED, An Act to
allow health maintenance organizations to
rate employer sponsored plans without prior approval.
Was read the second time.
The question being "Shall SB 47 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
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 48:
FOR AN ACT ENTITLED, An Act to
clarify certain statutory references regarding
the sale of alcoholic beverages.
Was read the second time.
The question being "Shall SB 48 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Lintz; Peterson (Jim); Two Bulls
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 39:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
petroleum and motor fuels testing, quality, and labeling.
Was read the second time.
The question being "Shall SB 39 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Excused:
Lintz; Peterson (Jim); Two Bulls
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 46:
FOR AN ACT ENTITLED, An Act to
clarify the taxes for certain life insurance
premiums and annuity considerations.
Was read the second time.
The question being "Shall SB 46 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Lintz; Peterson (Jim); Two Bulls
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 55:
FOR AN ACT ENTITLED, An Act to
modify the process for state highway road
closures due to inclement weather.
Was read the second time.
The question being "Shall SB 55 pass?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Nays:
Napoli
Excused:
Lintz; Peterson (Jim); Two Bulls
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 28:
FOR AN ACT ENTITLED, An Act to
revise and correct certain provisions related
to the criminal code revision of 2005.
Was read the second time.
"Section 5. That
§
26-11-3.1
be amended to read as follows:
26-11-3.1.
Any delinquent child sixteen years of age or older against whom Class A, Class
B,
Class C,
Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as
an adult. However, the child may request a transfer hearing which shall be conducted pursuant
to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit
court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best
interest of the public that any child, sixteen years of age or older, who is charged with a Class
A, Class B,
Class C,
Class 1, or Class 2 felony, shall be tried as an adult.
"
The question being "Shall SB 28 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Excused:
Lintz; Peterson (Jim); Two Bulls
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 40:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
regulation of weighing and measuring devices and the regulation of service agencies of
weighing and measuring devices.
Was read the second time.
The question being "Shall SB 40 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Lintz; Peterson (Jim); Two Bulls
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 49:
FOR AN ACT ENTITLED, An Act to
modify the requirements for health discount
plans.
Was read the second time.
Sen. Bogue moved that SB 49, 56, 60, 62, and 71 be deferred to Monday, January 23, the
9th legislative day.
Which motion prevailed.