The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate pages Stephanie Bettin and Ashley Cremers.
Roll Call: All members present except Sen. Hansen (Tom) who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the tenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages _ Stephanie Bettin, Richmond Fiksdal, Cassandra Pease, Rebecca Pease, Jada
Ratzlaff
Which was subscribed to and placed on file in the office of the Secretary of State.
The Committee on Health and Human Services respectfully reports that it has had under
consideration the nomination of Vivian Asmussen of Hughes County, 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.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration the nomination of David Volk of Minnehaha County, 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 reappointment.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 41 which was deferred to the 41st Legislative Day.
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.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1049 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Ani Aprahamian of the University of Notre Dame, Indiana, to the South Dakota
Science and Technology Authority 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 Dr. Charles V. Shank of Kailua, Hawaii, to the South Dakota Science and
Technology Authority 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 Thomas Adam of Hughes County, Pierre, South Dakota, to the South Dakota
Science and Technology Authority 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 Casey Peterson of Pennington County, Rapid City, South Dakota, to the South
Dakota Science and Technology Authority 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 Mark Roby of Codington County, Watertown, 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 appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Gary Grittner of Stanley County, Ft. Pierre, 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 appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Bruce Rampelberg 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 appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Mark Johnston of Lincoln County, Sioux Falls, 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 appointment.
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 appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Jeffory A. Erickson of Lincoln County, Sioux Falls, 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 appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Glen Kane 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 appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Mike Trykoski of Pennington County, Rapid City, South Dakota, to the South
Dakota Energy Infrastructure Authority 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 Raymond J. Wahle of Minnehaha County, Sioux Falls, South Dakota, to the
South Dakota Energy Infrastructure Authority. 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 Wayne M. Shanks of Minnehaha County, Colton, South Dakota, to the Assistant
Adjutant General, Air and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
I have the honor to transmit herewith HB 1013, 1016, 1021, 1024, 1028, 1029, 1031, 1032,
1037, 1039, 1045, 1061, 1063, 1065, and 1072 which have passed the House and your favorable
consideration is respectfully requested.
I have the honor to transmit herewith HCR 1004 which has been adopted by the House and
your concurrence is respectfully requested.
HCR 1004: A CONCURRENT RESOLUTION, Expressing the heartfelt condolences of
South Dakotans to the people of Haiti for their losses resulting from the devastating and horrific
earthquake of January 12, 2010, and also to urge the people of South Dakota to be charitable in
this time of great human suffering.
Was read the first time, the President waived the referral to committee, and placed
HCR 1004 on the calendar of Thursday, January 28, the 12th legislative day.
Sen. Knudson moved that when we adjourn today, we adjourn to convene at 11:45 a.m. on
Thursday, January 28, the 12th legislative day.
Which motion prevailed.
SB 101 Introduced by: Senators Gant, Brown, Gillespie, Miles, and Olson (Russell) and
Representatives Kirkeby, Cronin, Curd, Engels, Feinstein, Hamiel, Novstrup (David), and
Schlekeway
FOR AN ACT ENTITLED, An Act to authorize certain school districts to conduct pilot
school board elections during 2011 using voting centers and electronic records.
Was read the first time and referred to the Committee on Local Government.
SB 102 Introduced by: Senators Knudson and Heidepriem and Representatives Faehn and
Hunhoff (Bernie)
FOR AN ACT ENTITLED, An Act to provide for mutual consultation between the
Legislature and the Department of Game, Fish and Parks prior to the execution of certain leases.
Was read the first time and referred to the Committee on Appropriations.
SB 103 Introduced by: Senator Knudson and Representatives Cutler and Lust
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trusts.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of
public information and public meetings.
Was read the first time and referred to the Committee on State Affairs.
SB 105 Introduced by: Senators Garnos, Kloucek, and Maher and Representatives Van
Gerpen, Juhnke, and Sorenson
FOR AN ACT ENTITLED, An Act to allow all school districts to have a general fund
balance percentage of up to forty percent for fiscal years 2011 through 2015.
Was read the first time and referred to the Committee on Education.
SB 106 Introduced by: Senators Dempster, Abdallah, Ahlers, Brown, Gant, Garnos, Gray,
Hansen (Tom), Heidepriem, Jerstad, Knudson, Maher, Miles, Nelson, Olson (Russell), Peterson,
Rhoden, Tieszen, and Turbak Berry and Representatives Noem, Blake, Bolin, Boomgarden,
Burg, Curd, Cutler, Engels, Faehn, Gibson, Gosch, Hunhoff (Bernie), Kirkeby, Krebs, Lucas,
Lust, McLaughlin, Moser, Peters, Putnam, Rausch, Rave, Rounds, Schlekeway, Solum,
Thompson, Turbiville, and Van Gerpen
FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the Building
Authority to contract for construction of classroom facilities at the University Center in Sioux
Falls to replace facilities leased from the Sioux Falls School District, and to make an
appropriation therefor.
Was read the first time and referred to the Committee on State Affairs.
SB 107 Introduced by: Senators Rhoden, Bradford, Fryslie, Maher, Nesselhuf, and Schmidt
and Representatives Hunt, Brunner, Dennert, Elliott, Feickert, Frerichs, Greenfield, Hoffman,
Iron Cloud III, Jensen, Killer, Kirkeby, Kopp, Krebs, Lederman, Noem, Nygaard, Olson (Betty),
Schrempp, Sly, Steele, Thompson, Verchio, and Wink
FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of licensed
midwives.
Was read the first time and referred to the Committee on Health and Human Services.
FOR AN ACT ENTITLED, An Act to prohibit dental insurers from setting fees for
noncovered services.
Was read the first time and referred to the Committee on Commerce.
SB 109 Introduced by: Senators Gillespie, Abdallah, Brown, Gant, Maher, Nelson, Olson
(Russell), Tieszen, and Turbak Berry and Representatives Schlekeway, Cronin, Cutler, Engels,
Fargen, Feickert, Frerichs, Kirkeby, Lederman, Olson (Betty), Rave, Romkema, and Turbiville
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the deposit of
county funds related to the 24/7 sobriety program.
Was read the first time and referred to the Committee on Local Government.
SB 110 Introduced by: Senators Olson (Russell), Adelstein, Ahlers, Dempster, Garnos,
Miles, Rhoden, and Vehle and Representatives Gosch, Boomgarden, Cronin, Curd, Cutler,
Engels, Faehn, Frerichs, Gibson, Hoffman, Kirkeby, Pitts, Rausch, Sorenson, Steele, and
Turbiville
FOR AN ACT ENTITLED, An Act to provide for the posting of a bond by parolees under
certain circumstances.
Was read the first time and referred to the Committee on Judiciary.
SB 111 Introduced by: Senators Kloucek and Bradford and Representatives Lange,
Kirkeby, Kirschman, Kopp, Lucas, Solberg, Sorenson, Vanderlinde, and Verchio
FOR AN ACT ENTITLED, An Act to prohibit certain outside employment and
compensation by presidents of state institutions of higher education.
Was read the first time and referred to the Committee on State Affairs.
SB 112 Introduced by: Senator Kloucek
FOR AN ACT ENTITLED, An Act to regulate compensation for certain outside activities
by certain state officers and employees.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act to require the Board of Regents to formulate and
promulgate a regental policy on outside employment by institutional officers and employees.
Was read the first time and referred to the Committee on State Affairs.
SB 114 Introduced by: Senators Vehle and Miles and Representatives Carson, Hamiel, and
Solberg
FOR AN ACT ENTITLED, An Act to authorize municipalities to include flexible spending
accounts, flexible spending account debit cards, and related programs and procedures with
employee health insurance benefits.
Was read the first time and referred to the Committee on State Affairs.
SB 115 Introduced by: Senators Gray, Gant, and Jerstad and Representatives Olson (Ryan),
Moser, and Rounds
FOR AN ACT ENTITLED, An Act to prohibit the sale or delivery of contact lenses
without a prescription.
Was read the first time and referred to the Committee on Local Government.
SB 116 Introduced by: Senators Kloucek, Bartling, Gillespie, Peterson, and Turbak Berry
and Representatives Kirschman, Blake, Brunner, Engels, Fargen, Feinstein, Frerichs, Hamiel,
Hoffman, Hunhoff (Bernie), Lange, Lederman, Moser, Romkema, Schrempp, Solberg,
Sorenson, Thompson, and Turbiville
FOR AN ACT ENTITLED, An Act to require that certain insurers provide notice by
certified or registered mail under certain circumstances.
Was read the first time and referred to the Committee on Commerce.
SB 117 Introduced by: Senator Kloucek and Representative Frerichs
FOR AN ACT ENTITLED, An Act to designate the kolache as the official state pastry.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act to allow the register of deeds to electronically preserve
certain documents.
Was read the first time and referred to the Committee on Local Government.
SB 119 Introduced by: Senator Gillespie and Representatives Lederman and Bolin
FOR AN ACT ENTITLED, An Act to permit an auctioneer to offer an opinion regarding
the value of property.
Was read the first time and referred to the Committee on Commerce.
SB 120 Introduced by: Senators Ahlers, Bartling, Brown, Hundstad, Novstrup (Al), and
Tieszen and Representatives Dennert, Brunner, Burg, Gosch, Hoffman, Hunhoff (Bernie),
Peters, Putnam, Wink, and Wismer
FOR AN ACT ENTITLED, An Act to revise the appropriations budget transfer process.
Was read the first time and referred to the Committee on Appropriations.
SB 121 Introduced by: Senators Ahlers, Bartling, Garnos, and Tieszen and Representatives
Thompson, Blake, Gosch, Hoffman, Hunhoff (Bernie), Peters, Sorenson, Steele, and
Vanderlinde
FOR AN ACT ENTITLED, An Act to require the Department of Education to establish
certain programs for children who are deaf and hard-of-hearing.
Was read the first time and referred to the Committee on Education.
SB 122 Introduced by: Senators Ahlers, Abdallah, Bartling, Gant, Heidepriem, and Vehle
and Representatives Hunhoff (Bernie), Brunner, Burg, Dennert, Hoffman, Peters, Putnam, and
Wink
FOR AN ACT ENTITLED, An Act to repeal certain procedures required when actual state
revenues fall below legislatively adopted estimates.
Was read the first time and referred to the Committee on Appropriations.
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election an amendment to Article VI of the Constitution of the State of South Dakota, relating
to the right of individuals to vote by secret ballot.
Was read the first time and referred to the Committee on State Affairs.
SJR 4 Introduced by: Senators Kloucek and Hundstad and Representatives Schrempp,
Blake, Hoffman, Hunhoff (Bernie), Kirkeby, Lange, Sorenson, Thompson, Vanderlinde, and
Verchio
A JOINT RESOLUTION, Proposing a constitutional amendment to combine the offices
of state treasurer and state auditor into the single office of state comptroller.
Was read the first time and referred to the Committee on State Affairs.
SJR 5 Introduced by: Senators Ahlers, Bartling, Brown, Dempster, Haverly, Hundstad, and
Novstrup (Al) and Representatives Hunhoff (Bernie), Burg, Dennert, Hoffman, Peters, Putnam,
Wink, and Wismer
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election an amendment to Article III of the Constitution of the State of South Dakota, relating
to the authority of a special interim legislative committee to approve the transfer of appropriated
funds.
Was read the first time and referred to the Committee on Appropriations.
HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Department of Environment
and Natural Resources to accept certain documents submitted with electronic signatures.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding 911 emergency services.
HB 1021: FOR AN ACT ENTITLED, An Act to authorize the deposit of federal special
education funds into the capital outlay fund for the purchase of equipment for the purpose of
special education and to declare an emergency.
Was read the first time and referred to the Committee on Education.
HB 1024: FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts
to have certain teaching certificates on file.
Was read the first time and referred to the Committee on Education.
HB 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements for the
provisional certification of interpreters for the deaf and revise certain authority to promulgate
rules concerning certified interpreters for the deaf.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1029: FOR AN ACT ENTITLED, An Act to authorize the Board of Social Worker
Examiners to deny, suspend, or revoke applications for licensure or licenses under certain
circumstances and repeal certain physical examination provisions.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1031: FOR AN ACT ENTITLED, An Act to define conference bridging services for
sales and use tax purposes.
Was read the first time and referred to the Committee on Taxation.
HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
reporting period for the collection of the use tax.
Was read the first time and referred to the Committee on Taxation.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
insurance producer licensing.
Was read the first time and referred to the Committee on Commerce.
Was read the first time and referred to the Committee on Taxation.
HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid,
to provide for the scheduling of tapentadol, lacosamide, and fospropofol as controlled
substances, and to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
organization and operation of the public entity pool for liability.
Was read the first time and referred to the Committee on State Affairs.
HB 1063: FOR AN ACT ENTITLED, An Act to repeal the responsibility of the attorney
general to fix certain liability insurance limits for sheriffs.
Was read the first time and referred to the Committee on Judiciary.
HB 1065: FOR AN ACT ENTITLED, An Act to establish quarterly escrow payments by
nonparticipating tobacco manufacturers.
Was read the first time and referred to the Committee on Judiciary.
HB 1072: FOR AN ACT ENTITLED, An Act to provide for the election of a vice chair
for county commissions.
Was read the first time and referred to the Committee on Local Government.
SB 18: 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.
Having had its second reading was up for consideration and final passage.
Sen. Gant now presiding.
Sen. Gray requested a roll call vote.
Which request was supported.
The question being on Sen. Bartling's motion that SB 18 be amended.
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bartling; Bradford; Gant; Garnos; Gray; Hanson (Gary); Knudson; Maher;
Olson (Russell)
Nays:
Ahlers; Brown; Dempster; Fryslie; Gillespie; Haverly; Heidepriem; Howie; Hundstad; Hunhoff
(Jean); Jerstad; Kloucek; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson;
Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Hansen (Tom)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
The question now being “Shall SB 18 pass?”
And the roll being called:
Yeas 24, Nays 10, Excused 1, Absent 0
Yeas:
Ahlers; Brown; Dempster; Fryslie; Gillespie; Haverly; Heidepriem; Howie; Hundstad; Hunhoff
(Jean); Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson;
Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Nays:
Abdallah; Adelstein; Bartling; Bradford; Gant; Garnos; Gray; Hanson (Gary); Knudson; Olson
(Russell)
Excused:
Hansen (Tom)
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 21: 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 second time.
Sen. Knudson moved that SB 21 be referred to the Committee on State Affairs.
Which motion prevailed.
SB 35: 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 second time.
The question being “Shall SB 35 pass?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gillespie; Gray; 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
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.
SC 5 Introduced by: Senators Hanson (Gary), Dempster, Fryslie, Garnos, Gray, Jerstad,
Kloucek, Knudson, Maher, Nesselhuf, Olson (Russell), Peterson, and Tieszen and
Representatives Van Gerpen, Bolin, Brunner, Fargen, Gibson, Hamiel, Jensen, Juhnke,
Kirschman, Lederman, Lucas, McLaughlin, Moser, Olson (Ryan), Pitts, Rounds, Schlekeway,
Sly, Solberg, Sorenson, Steele, Thompson, Vanneman, and Verchio
Sen. Gillespie moved that the Senate do now adjourn, which motion prevailed and at
3:11 p.m. the Senate adjourned.