The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of
Allegiance led by Senate pages Cassandra Pease and Rebecca Pease.
Roll Call: All members present except Sen. Bartling 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 thirteenth 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 Government Operations and Audit respectfully reports that it has had
under consideration SB 99 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration SB 88
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1021 and 1024 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 Education respectfully reports that it has had under consideration
SB 121 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration SB 110
and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 54
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 Kenneth D. Albers of Lincoln County, Canton, 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 Timothy Reisch of Miner County, Howard, South Dakota, to the position of
Secretary of the Department of Corrections 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 Davison County, Mitchell, 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 Jack Hieb of Brown County, Aberdeen, 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.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1013 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 86 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 75 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 85 and returns the same with the recommendation that said bill be
amended as follows:
I have the honor to transmit herewith HB 1035, 1062, 1069, 1070, 1071, 1088, and 1092
which have passed the House and your favorable consideration is respectfully requested.
Sen. Knudson moved that the reports of the Standing Committees on
Taxation on SB 33 as found on page 177 of the Senate Journal; also
Commerce on SB 68 as found on page 176 of the Senate Journal; also
Health and Human Services on SB 74 as found on page 176 of the Senate Journal; also
Taxation on SB 78 as found on page 177 of the Senate Journal; also
State Affairs on SB 82 as found on page 178 of the Senate Journal be adopted.
Which motion prevailed.
SB 168 Introduced by: Senators Turbak Berry and Knudson and Representative Deadrick
FOR AN ACT ENTITLED, An Act to increase the amount of coverage provided by the
South Dakota Life and Health Insurance Guaranty Association for long-term care insurance.
SB 169 Introduced by: Senators Turbak Berry, Adelstein, Ahlers, Bradford, Dempster,
Gillespie, Heidepriem, Maher, Merchant, Nelson, Olson (Russell), Peterson, Rhoden, and
Schmidt and Representatives Cutler, Deadrick, Engels, Faehn, Gibson, Greenfield, Hamiel,
Hunhoff (Bernie), Jensen, Juhnke, Kirkeby, Krebs, Lust, Moser, Nygaard, Pitts, Solberg, Solum,
Turbiville, and Verchio
FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and
until the insurer is made whole.
Was read the first time and referred to the Committee on Commerce.
SB 170 Introduced by: Senators Turbak Berry, Abdallah, Hanson (Gary), and Heidepriem
and Representatives Thompson, Engels, Feinstein, Gibson, Hunhoff (Bernie), Kirkeby,
Lederman, Lucas, and Sorenson
FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan,
nonlegislative commission.
Was read the first time and referred to the Committee on State Affairs.
SB 171 Introduced by: Senator Peterson and Representative Dennert
FOR AN ACT ENTITLED, An Act to create an additional classification of real property
and provide for its assessment and to revise certain provisions concerning the taxation of such
property.
Was read the first time and referred to the Committee on Taxation.
SB 172 Introduced by: Senator Peterson and Representative Noem
FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural
land as noncropland.
Was read the first time and referred to the Committee on Taxation.
SB 173 Introduced by: Senators Jerstad, Fryslie, Merchant, and Schmidt and
Representatives Hunhoff (Bernie), Blake, Burg, Kirkeby, Solberg, and Thompson
FOR AN ACT ENTITLED, An Act to provide a maximum finance charge for payday loans
and title loans.
SB 174 Introduced by: Senators Kloucek, Bartling, Hanson (Gary), and Peterson and
Representatives Schrempp, Elliott, Feinstein, Lange, Nygaard, Solberg, Sorenson, and
Vanderlinde
FOR AN ACT ENTITLED, An Act to appropriate funds for increased wages for
employees of nursing facilities and to transfer funds from the health care trust fund.
Was read the first time and referred to the Committee on Appropriations.
SB 175 Introduced by: Senators Tieszen, Abdallah, Dempster, Jerstad, and Miles and
Representatives Krebs, Brunner, Cutler, Feinstein, and Solberg
FOR AN ACT ENTITLED, An Act to provide for the title registration, licensing, and
operation and use of off-highway vehicles, to establish a dedicated off-highway trails trust fund,
to provide for administration of the fund, and to make an appropriation of the fund.
Was read the first time and referred to the Committee on Transportation.
SB 176 Introduced by: Senator Bartling and Representatives Vanneman and Deadrick
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exceptions from
billboard regulation.
Was read the first time and referred to the Committee on Transportation.
SB 177 Introduced by: Senators Haverly and Hunhoff (Jean) and Representatives
Tidemann and Putnam
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appropriation
process.
Was read the first time and referred to the Committee on Appropriations.
HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding boat
license decals and boat numbering.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on Judiciary.
HB 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
transportation of alcoholic beverages and to authorize transportation by religious organizations
under certain circumstances.
Was read the first time and referred to the Committee on Commerce.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
voidability of gambling contracts.
Was read the first time and referred to the Committee on Judiciary.
HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
parental liability for willful acts of a child and to revise the limitation on recovery.
Was read the first time and referred to the Committee on Judiciary.
HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
rights of certain new vehicle dealers and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1092: FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning
continuing liens on wages by garnishment.
Was read the first time and referred to the Committee on Judiciary.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Commerce respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.
The Committee on Commerce respectfully reports that it has had under consideration
SB 57 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB 60 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. That § 49-41B-5.2 be amended to read as follows:
49-41B-5.2. The applicant shall notify, in writing, the owner of record of any land that is
located within one-half mile of the proposed site where the facility is to be constructed. For
purposes of this section, the owner of record is limited to the owner designated to receive the
property tax bill sent by the county treasurer. The notice shall be mailed by certified mail. The
applicant shall also publish a notice of the proposed facility. Notification shall be published in
the official newspaper of each county in which the proposed site is located. The notice shall be
published at least once each week for at least two consecutive weeks. The notice shall contain
a description of the nature and location of the facility. Any notification required by this section
shall state the date, time, and location of the public hearing and shall be made no later than thirty
days prior to the date of the public hearing. However, the second published notice shall be made
no later than twenty days prior to the date of the public hearing. "
The Committee on Commerce respectfully reports that it has had under consideration
SB 96 and returns the same with the recommendation that said bill be referred to the Committee
on Health and Human Services.
Also MR. PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration SB 3
which was deferred to the 41st Legislative Day.
HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the second time.
The question being “Shall HB 1030 pass?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie;
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:
Bartling; Gray
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 make an appropriation for the payment of
extraordinary litigation expenses and to declare an emergency.
Having had its second reading was up for consideration and final passage.
The question being “Shall SB 48 pass?”
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell);
Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Nays:
Kloucek
Excused:
Bartling
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 26: 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 second time.
The question being “Shall SB 26 pass as amended?”
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell);
Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Bartling
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 47: 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 second time.
The question being “Shall SB 47 pass as amended?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie;
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:
Bartling
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 63: FOR AN ACT ENTITLED, An Act to provide for the establishment of a pilot
charter school in South Dakota if the Department of Education receives a federal grant to fund
it.
Was read the second time.
The question being “Shall SB 63 pass as amended?”
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Nays:
Haverly; Hunhoff (Jean); Nelson; Schmidt
Excused:
Bartling
So the bill having received an affirmative vote of a majority of the members present, the
President declared the bill passed and the title was agreed to.
Sen. Hanson (Gary) moved that the Senate do now adjourn, which motion prevailed and
at 3:02 p.m. the Senate adjourned.