The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate pages Derick Chase and Jacob Clark.
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 ninth 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 Education respectfully reports that it has had under consideration SB 58
and returns the same with the recommendation that said bill be referred to the Committee on
Appropriations.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Melody Schopp of Perkins County, Meadow, South Dakota, to the position of
Interim Secretary of the Department of Education 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 33
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 29
which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 57 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 44 and returns the same with the recommendation that said bill be amended
as follows:
"With respect to any health insurance policy or certificate, subdivisions (2) and (3) of this
section only apply to excepted benefits."
"Section 2. That chapter 58-11 be amended by adding thereto a NEW SECTION to read
as follows:
I have the honor to transmit herewith HCR 1001 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1009, 1011, 1013, 1021, 1022, 1023, 1025, 1028,
1029, 1030, 1034, 1035, and 1037 which have passed the House and your favorable
consideration is respectfully requested.
SCR 1 Introduced by: Senators Kraus, Maher, Rampelberg, and Rhoden and
Representatives Miller, Hickey, Kirkeby, Liss, Munsterman, Steele, Stricherz, Tulson, Verchio,
and Wick
Was read the first time, the President waived the referral to committee, and placed SCR 1
on the calendar of Wednesday, January 26, the 11th legislative day.
HCR 1001: A CONCURRENT RESOLUTION, Honoring the historical, political, cultural,
social, and economic relationships among Canada, the United States, and the State of South
Dakota, and recognizing January 24, 2011, as Canada Day at the Capitol.
Was read the first time, the President waived the referral to committee, and placed
HCR 1001 on the calendar of Wednesday, January 26, the 11th legislative day.
The Senate proceeded to the consideration of the executive appointment of David Wiest
of Hughes County, Pierre, South Dakota, as Interim Secretary of the Department of Revenue and
Regulation.
The question being "Does the Senate advise and consent to the appointment of David Wiest
pursuant to the message as found on page 172 of the Senate Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Adelstein; Nygaard
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Sandra Zinter
of Hughes County, Pierre, South Dakota, as Commissioner of the Bureau of Personnel.
The question being "Does the Senate advise and consent to the reappointment of Sandra
Zinter pursuant to the message as found on page 172 of the Senate Journal?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Hundstad; Nygaard
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
SB 112 Introduced by: Senators Hunhoff (Jean), Bradford, Nelson (Tom), Schlekeway, and
Tieszen and Representatives Magstadt, Cronin, Feickert, Olson (Betty), Schrempp, and Venner
FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers
to collect the oldest delinquent property tax first.
Was read the first time and referred to the Committee on Local Government.
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice
requirements for changes in zoning requested by landowners.
Was read the first time and referred to the Committee on Local Government.
SB 114 Introduced by: Senators Kraus, Adelstein, and Rampelberg and Representatives
Verchio, Hunt, Kopp, Liss, Lust, Russell, Sly, and Stricherz
FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate
maintenance action be restrained from making changes to insurance coverage.
Was read the first time and referred to the Committee on Judiciary.
SB 115 Introduced by: Senators Adelstein and Lederman and Representatives Feinstein,
Kopp, and Lucas
FOR AN ACT ENTITLED, An Act to prohibit the use of certain wireless communication
devices while driving.
Was read the first time and referred to the Committee on Judiciary.
SB 116 Introduced by: Senators Adelstein and Lederman and Representatives Kirkeby and
Kopp
FOR AN ACT ENTITLED, An Act to provide for the confiscation of motor vehicle license
plates for certain driving under the influence violations.
Was read the first time and referred to the Committee on Judiciary.
SB 117 Introduced by: Senator Adelstein and Representatives Magstadt, Feinstein, and Sly
FOR AN ACT ENTITLED, An Act to provide for certain restrictions for the use of tanning
devices by minors.
Was read the first time and referred to the Committee on Health and Human Services.
SB 118 Introduced by: Senators Adelstein, Buhl, and Johnston and Representatives
Kirkeby, Boomgarden, and Feinstein
Was read the first time and referred to the Committee on Health and Human Services.
SB 119 Introduced by: Senators Nygaard, Nelson (Tom), and Schlekeway and
Representatives Hunhoff (Bernie), Boomgarden, Brunner, and Jones
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties for
water user district treasurers.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 120 Introduced by: Senators Nygaard, Bradford, and Tieszen and Representatives
Hunhoff (Bernie), Jones, Magstadt, and Munsterman
FOR AN ACT ENTITLED, An Act to revise the amount of compensation that water user
district directors may receive.
Was read the first time and referred to the Committee on Local Government.
SB 121 Introduced by: Senators Nygaard, Fryslie, Maher, and Nelson (Tom) and
Representatives Verchio, Jones, Kirkeby, Kopp, Nelson (Stace), and Turbiville
FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for
certain malt beverage and wine dealers.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 122 Introduced by: Senators Nygaard and Nelson (Tom) and Representatives Hunhoff
(Bernie), Boomgarden, Jones, and Venner
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the expenditure
of water user district funds.
Was read the first time and referred to the Committee on Local Government.
SB 123 Introduced by: Senators Haverly, Peters, and Rampelberg and Representatives
Solum and Dryden
FOR AN ACT ENTITLED, An Act to allow military spouses to receive unemployment
compensation if they leave their jobs due to a spouse's military transfer.
SB 124 Introduced by: Senators Tidemann, Begalka, Buhl, Frerichs, Fryslie, Garnos,
Hansen (Tom), Hundstad, Hunhoff (Jean), Krebs, Maher, Novstrup (Al), Putnam, Rave,
Rhoden, and Vehle and Representatives Juhnke, Abdallah, Brunner, Dennert, Hoffman, Hunhoff
(Bernie), Kirschman, Kloucek, Lucas, Perry, Sigdestad, Street, Van Gerpen, Vanneman, and
Wismer
FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.
Was read the first time and referred to the Committee on Appropriations.
SB 125 Introduced by: Senators Vehle, Brown, Buhl, Garnos, Hansen (Tom), Krebs,
Maher, Nelson (Tom), Peters, and Tieszen and Representatives Lust, Bolin, Boomgarden,
Brunner, Carson, Conzet, Gibson, Hubbel, Rozum, Solum, Van Gerpen, White, and Willadsen
FOR AN ACT ENTITLED, An Act to revise the time period for computing unemployment
insurance employer contribution rates.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 126 Introduced by: Senators Johnston, Gray, Krebs, Putnam, and Schlekeway and
Representatives Hunhoff (Bernie), Brunner, Dennert, Nelson (Stace), and Sly
FOR AN ACT ENTITLED, An Act to stabilize the funding of the state aid to education
formula for two years by appropriating money from the education enhancement trust fund and
borrowing money from certain school districts, to create the education stabilization fund, and
to prohibit school districts from imposing an excess tax levy for two years.
Was read the first time and referred to the Committee on Education.
SB 127 Introduced by: Senators Krebs, Kraus, Rave, and Schlekeway and Representatives
Magstadt, Boomgarden, Jensen, and Munsterman
FOR AN ACT ENTITLED, An Act to provide standards for electronic prescription
transmission.
Was read the first time and referred to the Committee on Health and Human Services.
SB 128 Introduced by: Senators Buhl, Adelstein, Bradford, Cutler, Frerichs, Lederman,
Maher, Peters, Schlekeway, Sutton, and Vehle and Representatives Conzet, Abdallah, Blake,
Feinstein, Gibson, Hunhoff (Bernie), Lucas, Moser, Perry, and Street
Was read the first time and referred to the Committee on Health and Human Services.
SB 129 Introduced by: Senators Schlekeway, Bradford, Brown, Fryslie, Rhoden, and
Tieszen and Representatives Rausch, Cronin, Feickert, Kirkeby, Olson (Betty), and Venner
FOR AN ACT ENTITLED, An Act to revise which county employees may assist in the
execution of United States passport applications and to declare an emergency.
Was read the first time and referred to the Committee on Local Government.
SB 130 Introduced by: Senators Schlekeway and Lederman and Representatives Kirkeby,
Gosch, and Hansen (Jon)
FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of State to
conduct certain local elections when an emergency exists.
Was read the first time and referred to the Committee on Local Government.
SB 131 Introduced by: Senators Kraus, Cutler, Hundstad, and Maher and Representatives
Sly, Haggar, Kopp, Nelson (Stace), Novstrup (David), Olson (Betty), and Turbiville
FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to establishing
identity by applicants for certain licenses, permits, and identification cards.
Was read the first time and referred to the Committee on Transportation.
SB 132 Introduced by: Senators Rave, Cutler, Hansen (Tom), Johnston, Krebs, Lederman,
Olson (Russell), Schlekeway, and Tidemann and Representatives Willadsen, Bolin, Fargen,
Greenfield, Hawley, Juhnke, Miller, Nelson (Stace), Rausch, and Street
FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct and
own electric transmission lines to incumbent electric utilities.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 133 Introduced by: Senator Rave and Representative Cronin
FOR AN ACT ENTITLED, An Act to enhance education and to make an appropriation
therefor.
SB 134 Introduced by: Senator Rave and Representative Cronin
FOR AN ACT ENTITLED, An Act to reduce state regulations.
Was read the first time and referred to the Committee on State Affairs.
SB 135 Introduced by: Senator Rave and Representative Cronin
FOR AN ACT ENTITLED, An Act to reduce the spending of general funds.
Was read the first time and referred to the Committee on State Affairs.
SB 136 Introduced by: Senator Rave and Representative Cronin
FOR AN ACT ENTITLED, An Act to enhance certain provider services.
Was read the first time and referred to the Committee on Health and Human Services.
SB 137 Introduced by: Senator Gray and Representative Perry
FOR AN ACT ENTITLED, An Act to require school districts and regental institutions to
adopt a policy prohibiting hazing.
Was read the first time and referred to the Committee on Education.
SB 138 Introduced by: Senators Gray, Frerichs, Garnos, Johnston, Krebs, Lederman,
Nelson (Tom), Nygaard, and Tieszen and Representatives Perry, Hoffman, Kopp, Magstadt,
Turbiville, and Willadsen
FOR AN ACT ENTITLED, An Act to enact the agreement among the states to elect the
president by national popular vote.
Was read the first time and referred to the Committee on State Affairs.
SB 139 Introduced by: Senators Johnston, Haverly, Holien, Hunhoff (Jean), Kraus,
Rampelberg, and Schlekeway and Representatives Nelson (Stace) and Feinstein
FOR AN ACT ENTITLED, An Act to exempt from state regulation certain medical foster
home care for veterans.
SB 140 Introduced by: Senators Hunhoff (Jean), Hundstad, and Kraus and Representative
Boomgarden
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning health care.
Was read the first time and referred to the Committee on Health and Human Services.
SB 141 Introduced by: Senators Tidemann, Brown, Cutler, Gray, Haverly, Johnston,
Lederman, Olson (Russell), Rave, Rhoden, and Tieszen and Representatives Gibson, Abdallah,
Blake, Boomgarden, Brunner, Feinstein, Gosch, Hawley, Munsterman, Perry, Wink, and
Wismer
FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution
for certain alcohol consumption related offenses to persons who assist certain persons in need
of emergency assistance or who are themselves in need of emergency assistance.
Was read the first time and referred to the Committee on Judiciary.
SB 142 Introduced by: Senator Gray and Representative Abdallah
FOR AN ACT ENTITLED, An Act to repeal the requirement that members of certain
boards and commissions receive the advice and consent of the Senate.
Was read the first time and referred to the Committee on State Affairs.
SB 143 Introduced by: Senators Nygaard, Adelstein, Brown, Buhl, Fryslie, Hansen (Tom),
Krebs, Maher, Novstrup (Al), Peters, Rampelberg, Schlekeway, and Tieszen and
Representatives Munsterman, Feinstein, Hoffman, Kloucek, Miller, Nelson (Stace), and Wismer
FOR AN ACT ENTITLED, An Act to allow artisan distillers and farm wineries to sell
certain distilled spirits to wholesalers and retailers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1009: FOR AN ACT ENTITLED, An Act to repeal the authority of the Department
of Environment and Natural Resources to regulate public swimming places and bulk water
haulers.
HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
domestic abuse programs.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1013: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of
Examiners for Counselors and Marriage and Family Therapists.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
inspection of parole files.
Was read the first time and referred to the Committee on Judiciary.
HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
veterans credited service and benefits under the South Dakota Retirement System and under the
South Dakota deferred compensation plan.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how
South Dakota Retirement System survivor benefits and disability benefits are handled in regard
to children.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the first time and referred to the Committee on Taxation.
HB 1028: FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns
and remittances.
Was read the first time and referred to the Committee on Taxation.
Was read the first time and referred to the Committee on Taxation.
HB 1030: FOR AN ACT ENTITLED, An Act to revise the provisions relating to
placement of surplus lines insurance and tax allocation of surplus lines insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1034: FOR AN ACT ENTITLED, An Act to repeal the requirement for motor vehicle
liability insurance safety rating discounts for certain older motor vehicle drivers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1035: FOR AN ACT ENTITLED, An Act to revise the process for the collection of
the annual insurance company examination assessment fee.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain posting requirements
relating to hunting in the Black Hills Fire Protection District.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility
requirements for the state risk pool.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Nays:
Buhl; Frerichs; Hundstad; Sutton
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 12: FOR AN ACT ENTITLED, An Act to provide for a Visitation Grant Commission.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 12 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
SB 6: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests
in the Sisseton National Guard Armory to the city of Sisseton.
Was read the second time.
The question being "Shall SB 6 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; 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.
SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
Veterans Commission and to veterans' rights, benefits, and services.
Was read the second time.
The question being "Shall SB 53 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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. Garnos moved that the Senate do now adjourn, which motion prevailed and at
2:45 p.m. the Senate adjourned.