The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of
Allegiance led by Senate page Jesse Liebe.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirteenth day and finds the
following correction shall be made:
On page 231 of the Senate Journal, following line 13, insert:
On page 231 of the Senate Journal, following line 21, insert:
All other 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 SB
174 which was deferred to the 36th Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1064 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 Judiciary respectfully reports that it has had under consideration SB 156
and returns the same with the recommendation that said bill be amended as follows:
"Section 4. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, 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 Committee on Judiciary respectfully reports that it has had under consideration SB 159
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Jerome K. Howe of Davison County, Mitchell, South Dakota, to the South
Dakota Crime Victims' Compensation Commission 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 Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South
Dakota Crime Victims' Compensation Commission 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 Thomas Cihak of Yankton County, Yankton, 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.
The Committee on Judiciary respectfully reports that it has had under consideration SB
207
and
208 and HB
1095 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB
1063 and
1094 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
HB 1074 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB
203
and returns the same with the recommendation that said bill be referred to the Committee on
Appropriations.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB
138
and
139 which were deferred to the 36th Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
101 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 State Affairs respectfully reports that it has had under consideration
SB
142 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career
Service Commission and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Gordon Garnos of Codington County, Watertown, South Dakota, to the Career
Service Commission 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 State Affairs respectfully reports that it has had under consideration the
nomination of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the
Career Service Commission 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 State Affairs respectfully reports that it has had under consideration the
nomination of Judy Greff of Beadle County, Huron, South Dakota, to the Career Service
Commission 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 State Affairs respectfully reports that it has had under consideration
SB
145 which was deferred to the 36th Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB
175 and
185 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration the nomination of David Volk of Sioux Falls, South Dakota, to the Commission
on Human Rights and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on Health and Human Services respectfully reports that it has had under
consideration the nomination of Arlene Ham-Burr of Rapid City, South Dakota, to the
Commission on Human Rights 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 Health and Human Services respectfully reports that it has had under
consideration the nomination of Vivian Asmussen of Pierre, South Dakota, to the Commission
on Human Rights 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 1035, 1078, 1082, 1086, 1091, 1097, and 1111
which have passed the House and your favorable consideration is respectfully requested.
SCR 3:
A CONCURRENT RESOLUTION,
Supporting youth mentoring programs for
South Dakota.
Was read the second time.
Sen. Smidt moved that SCR 3 as found as a front page correction in the Senate Journal of
Monday, January 30, the 14th legislative day be adopted.
The question being on Sen. Smidt's motion that SCR 3 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Hansen (Tom)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 3 was adopted.
SCR 4:
A CONCURRENT RESOLUTION,
Requesting the South Dakota Congressional
Delegation and the United States Congress to address significant deficiencies in the dental
health care provided to American Indians.
Was read the second time.
Sen. Bogue moved that SCR 4 as found as a front page correction in the Senate Journal of
Monday, January 30, the 14th legislative day be adopted.
The question being on Sen. Bogue's motion that SCR 4 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 4 was adopted.
Sen. Bogue moved that the reports of the Standing Committees on
Appropriations on SB 2 as found on page 240 of the Senate Journal
; also
Appropriations on SB 20 as found on page 240 of the Senate Journal
; also
Appropriations on SB 21 as found on page 241 of the Senate Journal ; also
Taxation on SB 50 as found on page 223 of the Senate Journal
; also
Appropriations on SB 88 as found on page 241 of the Senate Journal
; also
State Affairs on HJR 1003 as found on page 229 of the Senate Journal be adopted.
Which motion prevailed.
HB 1035:
FOR AN ACT ENTITLED, An Act to
revise the renewal fee paid by medical
assistants.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1078:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
bonding of township clerks and treasurers.
Was read the first time and referred to the Committee on Local Government.
HB 1082:
FOR AN ACT ENTITLED, An Act to
provide for uniform jurisdiction in the
regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and
pesticide.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1086:
FOR AN ACT ENTITLED, An Act to
restrict the rights of certain sex offenders
related to adoption or visitation of children.
Was read the first time and referred to the Committee on Judiciary.
HB 1091:
FOR AN ACT ENTITLED, An Act to
authorize the Public Utilities Commission
to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional
costs of new or modified transmission facilities.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Taxation.
HB 1111:
FOR AN ACT ENTITLED, An Act to
require certain third party administrators
to provide reports of claims experience upon request.
Was read the first time and referred to the Committee on Commerce.
Pursuant to Senate Rule 6-1, the President removed SB 154 from the Consent Calendar.
SB 133:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to charges
associated with installment sales contracts.
Was read the second time.
The question being "Shall SB 133 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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.
HB 1008:
FOR AN ACT ENTITLED, An Act to
permit the immediate reclassification of
nonagricultural acreage property under certain circumstances.
Was read the second time.
The question being "Shall HB 1008 pass as amended?"
And the roll being called:
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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 10:
FOR AN ACT ENTITLED, An Act to
establish and revise certain provisions
relating to South Dakota Retirement System disability benefits.
Was read the second time.
The question being "Shall SB 10 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 42:
FOR AN ACT ENTITLED, An Act to
update and revise certain provisions
pertaining to saddlemount motor vehicle combinations.
Was read the second time.
The question being "Shall SB 42 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kloucek; Moore
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
revise the state trunk highway system.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 54 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 92:
FOR AN ACT ENTITLED, An Act to
revise the formula for determining the
amount of the sales, use, and contractors' excise tax refund provided to certain new business
facilities.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 108:
FOR AN ACT ENTITLED, An Act to
revise certain provisions defining employer
contributions that are not deemed to be wages.
Was read the second time.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 122:
FOR AN ACT ENTITLED, An Act to
exempt certain breeding stock animals,
products, and facilities from certain corporate farming restrictions.
Was read the second time.
The question being "Shall SB 122 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Koetzle; Kooistra;
Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Hundstad; Kloucek
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 127:
FOR AN ACT ENTITLED, An Act to
revise the notice of sale of real property for
taxes.
Was read the second time.
The question being "Shall SB 127 pass as amended?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray;
Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Apa; Bartling; Earley
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 SB 148 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 149:
FOR AN ACT ENTITLED, An Act to
create community safety zones, to prohibit
certain persons from residing or loitering in community safety zones, to provide penalties for
violations thereof, and to declare an emergency.
Was read the second time.
The question being "Shall SB 149 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
So the bill having received an affirmative vote of a two-thirds of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 155:
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 second time.
The question being "Shall SB 155 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kloucek
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.
Sen. Bogue moved that SB 30 be deferred to Friday, January 3, the 18th legislative day.
Which motion prevailed.
SB 72:
FOR AN ACT ENTITLED, An Act to
authorize veterinary livestock assistants to
perform equine dentistry in certain circumstances.
Was read the second time.
The question being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas:
Adelstein; Bogue; Dempster; Duenwald; Duniphan; Knudson; Koskan; McNenny; Olson (Ed);
Two Bulls
Nays:
Abdallah; Apa; Bartling; Broderick; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson
(Gary); Hundstad; Kloucek; Koetzle; Kooistra; Lintz; McCracken; Moore; Napoli; Nesselhuf;
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Excused:
Kelly
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 78:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
submission of direct legislation to a vote of the people at a general election.
Was read the second time.
The question being "Shall SB 78 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Koetzle;
Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Nays:
Apa; Hundstad; Napoli; Two Bulls
Excused:
Kooistra
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 89:
FOR AN ACT ENTITLED, An Act to
require the Division of Insurance to study
the offering of assisted living facility benefits to certain persons with long-term care insurance.
Was read the second time.
The question being "Shall SB 89 pass as amended?"
And the roll being called:
Yeas 23, Nays 11, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duenwald; Duniphan; Gray; Hansen
(Tom); Kelly; Kloucek; Knudson; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Nays:
Apa; Bogue; Earley; Gant; Greenfield; Hanson (Gary); Hundstad; Koetzle; Koskan; Napoli;
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 128:
FOR AN ACT ENTITLED, An Act to
authorize the Bureau of Administration to
negotiate contracts under certain circumstances.
Was read the second time.
Sen. Abdallah moved that SB 128 be laid on the table.
The question being on Sen. Abdallah's motion that SB 128 be laid on the table.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Kooistra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
SB 179:
FOR AN ACT ENTITLED, An Act to
direct the Bureau of Administration to
provide all of the fourth floor of the State Capitol Building for use by the Legislature.
Was read the second time.
The question being "Shall SB 179 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Kooistra
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.
Sen. Bogue moved that HB 1002, 1003, 1033, 1048, 1050, 1051, and 1053 and HJR 1001
and 1002 be deferred to Tuesday, January 31, the 15th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1001:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
election procedures.
And signed the same in the presence of the Senate.
Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at
4:30 p.m. the Senate adjourned.