The prayer was offered by the Chaplain, Sunshine Minzlaff, followed by the Pledge of
Allegiance led by Senate page Christian Witt.
Roll Call: All members present except Sen. Johnston 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 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 Taxation respectfully reports that it has had under consideration SB 58
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 Taxation respectfully reports that it has had under consideration SB 55
and returns the same with the recommendation that said bill be amended as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB 49 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 47 which was tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 23 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 69 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 72 and returns the same with the recommendation that said bill be amended
as follows:
inspection. The department shall conduct the follow-up inspection within sixty days of receipt
of the request, unless the establishment requesting the follow-up inspection ceases or
temporarily suspends operations prior to the follow-up inspection. No establishment may
receive more than one follow-up inspection every two years, as part of the expedited inspection
process. The department shall charge a fee of one hundred dollars for each follow-up inspection
performed as part of the expedited inspection process."
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 25 which was tabled.
I have the honor to transmit herewith HB 1001, 1006, 1021, 1023, 1026, 1027, 1031, and
1053 which have passed the House and your favorable consideration is respectfully requested.
SENATE PAGE RESOLUTION 1 Introduced by: Senators Adelstein; Begalka; Bradford;
Brown; Buhl; Ewing; Frerichs; Heineman, Phyllis; Holien; Hunhoff, Jean; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup, Al; Olson, Russell;
Omdahl; Otten, Ernie; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-eighth
Legislature of the State of South Dakota to Elizabeth Bitterman, Sarah De Yonge, Tracy
Hague, Willo Pretends Eagle, Brandon Schrepel, Anna Stambach, Michaela Stroup,
Christian Witt
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-eighth
Legislative Session; 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-eighth 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. Rave moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Rave's motion that Senate Page Resolution 1 be adopted.
Which motion prevailed.
Sen. Olson moved that SB 56, 36, 52, and 4 be deferred to Tuesday, January 22nd, the 9th
legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Commerce and Energy on SB 62 as found on page 122 of the Senate Journal; also
Commerce and Energy on SB 66 as found on page 122 of the Senate Journal; also
Education on SB 3 as found on page 123 of the Senate Journal; also
Education on SB 5 as found on page 123 of the Senate Journal be adopted.
Which motion prevailed.
SB 95 Introduced by: Senator Maher and Representative Olson (Betty)
FOR AN ACT ENTITLED, An Act to revise certain restrictions relating to road hunting.
Was read the first time and referred to the Committee on Agriculture and Natural Resources.
FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement
to reorganize due to low enrollment.
Was read the first time and referred to the Committee on Education.
SB 97 Introduced by: Senators Monroe, Begalka, Ewing, Jensen, and Otten (Ernie) and
Representatives Hoffman, Ecklund, Greenfield, Haggar (Don), Heinemann (Leslie), Hickey,
May, Miller, Nelson, Olson (Betty), Rounds, Russell, and Stalzer
FOR AN ACT ENTITLED, An Act to prohibit the publication of certain information
pertaining to firearm possession and ownership.
Was read the first time and referred to the Committee on Judiciary.
SB 98 Introduced by: Senators Monroe, Begalka, and Jensen and Representatives Miller,
Greenfield, Haggar (Don), Nelson, Olson (Betty), and Russell
FOR AN ACT ENTITLED, An Act to revise certain statutory immunization exemption
requirements.
Was read the first time and referred to the Committee on Health and Human Services.
SB 99 Introduced by: Senators Van Gerpen, Adelstein, Johnston, Kirkeby, Sutton, and
Welke and Representatives Sly, Craig, Kaiser, Kopp, Magstadt, Munsterman, Nelson, Olson
(Betty), Rozum, and Schoenfish
FOR AN ACT ENTITLED, An Act to revise the term used to refer to the imposition of an
additional property tax levy for raising revenue for school districts.
Was read the first time and referred to the Committee on Taxation.
SB 100 Introduced by: Senators Adelstein, Begalka, Bradford, Brown, Jensen, Johnston,
Jones, Kirkeby, Lederman, Lucas, Maher, Omdahl, Otten (Ernie), Rampelberg, Rave, Rhoden,
Tidemann, Tieszen, Welke, and White and Representatives Rozum, Conzet, Dryden, Feinstein,
Haggar (Don), Kopp, May, Nelson, Rounds, Russell, Schaefer, Steele, Tulson, and Tyler
FOR AN ACT ENTITLED, An Act to establish a wine direct shipper permit and to provide
for certain direct shipments of wine.
Was read the first time and referred to the Committee on Commerce and Energy.
FOR AN ACT ENTITLED, An Act to require reporting of the location of certain mine
shafts and tunnels.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 102 Introduced by: Senators Adelstein, Begalka, Bradford, Buhl, Maher, and Tieszen
and Representatives Nelson, Hoffman, Hunhoff (Bernie), and Schrempp
FOR AN ACT ENTITLED, An Act to regulate the submission of certain filings with the
Office of the Secretary of State.
Was read the first time and referred to the Committee on State Affairs.
SB 103 Introduced by: Senators Krebs, Brown, Hunhoff (Jean), and Kirkeby and
Representatives Hoffman, Duvall, Haggar (Don), and Miller
FOR AN ACT ENTITLED, An Act to remove the required waiting period before cremated
remains may be released to be scattered.
Was read the first time and referred to the Committee on Health and Human Services.
SB 104 Introduced by: Senators Krebs, Hunhoff (Jean), and Kirkeby and Representatives
Haggar (Don), Ecklund, and Haggar (Jenna)
FOR AN ACT ENTITLED, An Act to extend the deadline for the construction of a nursing
facility for military veterans and their spouses.
Was read the first time and referred to the Committee on Appropriations.
SB 105 Introduced by: The Committee on Transportation at the request of the Task Force
on Teen Driving Safety
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding instruction
permits and restricted minor's permits to drive a motor vehicle.
Was read the first time and referred to the Committee on Transportation.
SB 106 Introduced by: The Committee on Transportation at the request of the Task Force on Teen Driving Safety
Was read the first time and referred to the Committee on Transportation.
SB 107 Introduced by: The Committee on Transportation at the request of the Task Force
on Teen Driving Safety
FOR AN ACT ENTITLED, An Act to limit the number of passengers allowed in a motor
vehicle operated by a holder of a restricted minor's permit.
Was read the first time and referred to the Committee on Transportation.
SB 108 Introduced by: Senators Adelstein, Kirkeby, Lucas, Rampelberg, Soholt, Tieszen,
and White and Representatives Magstadt, Conzet, Erickson, Hajek, Hunhoff (Bernie), Kopp,
and Olson (Betty)
FOR AN ACT ENTITLED, An Act to repeal certain tort liability arising out of causes of
action based on seduction, abduction, and alienation of affections.
Was read the first time and referred to the Committee on Judiciary.
SB 109 Introduced by: Senators Adelstein, Kirkeby, Lucas, and Tieszen and
Representatives Hunhoff (Bernie), Feinstein, Gibson, Hawley, and Soli
FOR AN ACT ENTITLED, An Act to revise the Human Relations Act to allow certain
discriminatory practices to be investigated by municipalities and counties.
Was read the first time and referred to the Committee on Local Government.
SB 110 Introduced by: Senators Monroe and Kirkeby and Representatives Stalzer, Duvall,
and Kaiser
FOR AN ACT ENTITLED, An Act to provide for the release of certain military records
of deceased veterans.
Was read the first time and referred to the Committee on Judiciary.
HB 1001: FOR AN ACT ENTITLED, An Act to require mineral developers to give notice to surface owners before entering the land.
HB 1006: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
termination of certain mineral interests.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child
support.
Was read the first time and referred to the Committee on Judiciary.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain rules relating to the
Department of Human Services Medicaid waiver programs.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1026: FOR AN ACT ENTITLED, An Act to comply with certain Internal Revenue
Code requirements relating to maximum annual benefits paid to members of the South Dakota
Retirement System and to provide for the update of references to the Internal Revenue Code.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the special pay retirement program of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
date calculation.
Was read the first time and referred to the Committee on Judiciary.
HB 1053: FOR AN ACT ENTITLED, An Act to revise the lending limit for state chartered
banks.
Was read the first time and referred to the Committee on State Affairs.
SB 65: FOR AN ACT ENTITLED, An Act to revise certain exemptions from licensure by
the Real Estate Commission.
Was read the second time.
The question being "Shall SB 65 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Johnston
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 24: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
Board of Examiners of Psychologists.
Was read the second time.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Johnston
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 35: FOR AN ACT ENTITLED, An Act to allow the prosecution to appeal from certain
judgments of acquittal.
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:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Johnston
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 establish a penalty for a juvenile convicted
as an adult of a Class A or B felony and allow a sentence of up to life imprisonment after a
sentencing hearing.
Was read the second time.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Johnston
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 revise certain provisions regarding the
crossing of a railroad and to revise the penalty for certain railroad crossing violations by the
driver of a commercial motor vehicle.
Was read the second time.
The question being "Shall SB 43 pass?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Ewing; Rhoden
Excused:
Johnston
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.