The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance
led by Senate page Margaret Fouberg.
Roll Call: All members present except Sen. Cammack who was excused.
MR. PRESIDENT:
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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 25 and 34 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 33 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB 19 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 94 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 62 and returns the same with the recommendation that said bill be amended as follows:
" Section 8. That chapter 22-40 be amended by adding a NEW SECTION to read:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
SB 84 and returns the same with the recommendation that said bill be amended as follows:
"
equitable relief in which the settlement agreement remains nondisclosure or confidential as to
the terms of the settlement. Any settlement agreement under this section shall be a public record
as defined under § 1-27-1.1. Nothing in this section may be interpreted".
"
I have the honor to transmit herewith HCR 1002 which has been adopted by the House
and your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1010, 1018, 1023, 1038, 1042, 1057, and 1077
which have passed the House and your favorable consideration is respectfully requested.
Yesterday, Sen. Nesiba announced his intention to reconsider the vote by which SB 12 lost.
Sen. Nesiba moved that the Senate do now reconsider the vote by which SB 12 lost.
The question being on Sen. Nesiba's motion to reconsider the vote by which SB 12 lost.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Bolin; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba;
Otten (Ernie); Rusch; Russell; Sutton
Nays:
Cronin; Curd; Ewing; Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup;
Partridge; Peters; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1002: A CONCURRENT RESOLUTION, Recognizing the great need and offering
support for additional mental health services in western South Dakota.
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed HCR 1002 on the calendar of Wednesday, January 24th, the eleventh legislative day.
Sen. Greenfield (Brock) moved that SB 3 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations; also
SB 6 be referred from the Senate Committee on Appropriations to the Joint Committee on
Appropriations; also
SB 98 be referred from the Senate Committee on Appropriations to the Joint Committee
on Appropriations; also
SB 99 be referred from the Senate Committee on Appropriations to the Joint Committee
on Appropriations
Which motion prevailed.
Sen. Curd moved that SB 79 be placed to follow SB 38 on today's calendar.
Which motion prevailed.
Sen. Curd moved that SJR 1 be deferred to Wednesday, January 24th, the eleventh
legislative day.
Which motion prevailed.
Sen. Curd moved that the reports of the Standing Committees on
State Affairs on SB 77 as found on page 168 of the Senate Journal; also
Health and Human Services on SB 30 as found on page 169 of the Senate Journal; also
Health and Human Services on SB 71 as found on page 169 of the Senate Journal be
adopted.
Which motion prevailed.
SB 112 Introduced by: Senators Nelson, Frerichs, Greenfield (Brock), Jensen (Phil),
Kolbeck, Maher, Monroe, Otten (Ernie), Russell, Stalzer, and Tapio and Representatives Kaiser,
Beal, Bordeaux, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch,
Howard, Latterell, Lesmeister, Livermont, Marty, May, Peterson (Sue), Pischke, and Rasmussen
FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the attorney
general to obtain the consent of the Governor prior to commencing an investigation.
Was read the first time and referred to the Committee on Judiciary.
SB 113 Introduced by: Senators Rusch, Bolin, Cronin, Frerichs, Haverly, Kolbeck, Maher,
Otten (Ernie), Peters, and Tidemann and Representatives Steinhauer, Campbell,
Greenfield (Lana), Holmes, Johnson, McCleerey, Rasmussen, Reed, Ring, Schoenfish, and
Smith
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding guaranteed
energy savings contracts.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 114 Introduced by: Senators Monroe, Ewing, Kolbeck, Stalzer, and Youngberg and
Representatives Brunner, Dennert, Howard, Johns, Mickelson, Pischke, Rounds, and Zikmund
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal and
storage of abandoned vehicles.
Was read the first time and referred to the Committee on Transportation.
SB 115 Introduced by: Senators Nelson, Haverly, Maher, Netherton, Russell, and Stalzer
and Representatives Brunner, Clark, Howard, and Marty
FOR AN ACT ENTITLED, An Act to provide for the lawful concealing of a firearm while
driving a motorcycle.
Was read the first time and referred to the Committee on Transportation.
FOR AN ACT ENTITLED, An Act to provide for certain voting and attendance
information to be made available by the director of the Legislative Research Council.
Was read the first time and referred to the Committee on State Affairs.
SB 117 Introduced by: Senators Stalzer, Jensen (Phil), Klumb, Kolbeck, Monroe, Nelson,
Netherton, Novstrup, Otten (Ernie), Rusch, Solano, and Wiik and Representatives Heinemann,
Barthel, Brunner, Clark, DiSanto, Haugaard, Holmes, Howard, Latterell, Mills, Pischke, Qualm,
Rhoden, Ring, Rounds, Schoenfish, Turbiville, Wiese, and Zikmund
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in
education tax credit program.
Was read the first time and referred to the Committee on Education.
SB 118 Introduced by: Senator Stalzer and Representative Zikmund
FOR AN ACT ENTITLED, An Act to create a veterans cemetery fund and to declare an
emergency.
Was read the first time and referred to the Committee on Military and Veterans Affairs.
SB 119 Introduced by: Senators Solano, Cronin, Ewing, Haverly, Jensen (Phil), Langer,
Maher, Monroe, Partridge, Peters, Soholt, Stalzer, and Tidemann and Representatives Chase,
Bartling, Carson, DiSanto, Goodwin, Heinemann, McCleerey, McPherson, Mickelson, Mills,
Peterson (Kent), Reed, Rounds, Smith, Tulson, Wiese, Wismer, and York
FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the furnishing
of fraudulent disability documentation when renting accommodations.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 120 Introduced by: Senators Nesiba, Frerichs, Heinert, Kennedy, and Killer and
Representatives Bartling, Ahlers, Hawley, Lesmeister, McCleerey, Ring, Smith, and Wismer
FOR AN ACT ENTITLED, An Act to require a minimum amount of paid sick leave for
employees.
Was read the first time and referred to the Committee on Commerce and Energy.
FOR AN ACT ENTITLED, An Act to prohibit employers from obtaining, seeking, or using
certain prior salary information.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 122 Introduced by: Senators Curd, Cronin, Kennedy, Langer, Maher, Peters, Rusch,
Soholt, Stalzer, Tidemann, and White and Representatives Hunhoff, Barthel, Bartling, Brunner,
Carson, Chase, Glanzer, Hawley, Heinemann, Jensen (Kevin), Kettwig, Lake, Marty,
McCleerey, Mills, Peterson (Kent), Pischke, Rasmussen, Reed, Rhoden, Rounds, Rozum,
Schoenfish, Smith, Tulson, Willadsen, Wismer, and York
FOR AN ACT ENTITLED, An Act to provide for the payment of claims for covered
services provided by a health care provider via telemedicine or telehealth.
Was read the first time and referred to the Committee on Health and Human Services.
SB 123 Introduced by: Senators Curd, Cronin, Kennedy, Langer, Maher, Peters, Rusch,
Soholt, Stalzer, Tidemann, and White and Representatives Hunhoff, Bartels, Barthel, Bartling,
Brunner, Carson, Chase, Glanzer, Hawley, Heinemann, Jensen (Kevin), Kettwig, Lake, Marty,
McCleerey, Mills, Peterson (Kent), Pischke, Rasmussen, Reed, Rhoden, Rounds, Rozum,
Schoenfish, Smith, Tulson, Willadsen, Wismer, and York
FOR AN ACT ENTITLED, An Act to provide for the utilization of telemedicine or
telehealth by a health care professional.
Was read the first time and referred to the Committee on Health and Human Services.
SB 124 Introduced by: Senators Bolin, Kolbeck, Otten (Ernie), Peters, Russell, Solano, and
Stalzer and Representatives Mickelson, Beal, Clark, Haugaard, Heinemann, Peterson (Sue),
Rozum, Steinhauer, and Zikmund
FOR AN ACT ENTITLED, An Act to provide a felony penalty for certain violations of
petition circulation laws.
Was read the first time and referred to the Committee on Judiciary.
HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal
protections for National Guard members ordered to active duty.
Was read the first time and referred to the Committee on Military and Veterans Affairs.
HB 1018: FOR AN ACT ENTITLED, An Act to update and revise certain references and
provisions regarding state agencies and the employment of certain public employees.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
pipeline safety.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
medical support obligations to a child.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1042: FOR AN ACT ENTITLED, An Act to revise certain references regarding the
Division of Insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1057: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of the Madison Cyber Labs (MadLabs) and the demolition of
Lowry Hall at Dakota State University, to make an appropriation therefor, and to declare an
emergency.
Was read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1, and placed HB 1057 on the calendar of Wednesday,
January 24th, the eleventh legislative day.
HB 1077: FOR AN ACT ENTITLED, An Act to update certain language regarding capital
punishment and to revise the mandatory sentence for persons with an intellectual disability
convicted of murder in the first degree.
Was read the first time and referred to the Committee on Judiciary.
SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
assistance provided to counties by state firefighting resources.
Was read the second time.
The question being "Shall SB 68 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
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 88: FOR AN ACT ENTITLED, An Act to revise certain provisions in regarding
disinterment permits.
Was read the second time.
The question being "Shall SB 88 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
SB 75: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the
dispensing of biological products.
Was read the second time.
The question being "Shall SB 75 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
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 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
collection of motor fuel tax from interstate fuel users.
Was read the second time.
The question being "Shall HB 1068 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
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 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions referring to the
statements on auditing standards utilized by the Department of Revenue.
Was read the second time.
The question being "Shall HB 1048 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
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 1049: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal
Revenue Code.
Was read the second time.
The question being "Shall HB 1049 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Cammack
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 72: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding historical
license plates for motor vehicles.
Was read the second time.
The question being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
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 59: FOR AN ACT ENTITLED, An Act to authorize the Department of Tourism to
permit certain commercial advertising in information centers.
Was read the second time.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio;
Tidemann; White; Wiik; Youngberg
Nays:
Nelson
Excused:
Cammack
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 82: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the
inspections of large passenger vehicles used by nonprofit organizations.
Was read the second time.
The question being "Shall SB 82 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
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.
" Section 2. 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.".
Which motion prevailed.
The question being "Shall SB 74 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton;
Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton;
Tapio; Tidemann; White; Wiik; Youngberg
Excused:
Cammack
So the bill having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the bill passed.
Which motion prevailed and the title was so amended.
Was read the second time.
The question being "Shall SB 38 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil);
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup;
Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann;
White; Wiik; Youngberg
Nays:
Nelson; Russell
Excused:
Cammack
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 79: FOR AN ACT ENTITLED, An Act to authorize for voters with no party affiliation
to sign nominating petitions for candidates with a party affiliation.
Was read the second time.
Which motion prevailed.
The question being "Shall SB 79 pass as amended?"
And the roll being called:
Yeas:
Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Maher; Nelson;
Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Sutton;
Tidemann; White; Youngberg
Nays:
Bolin; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Netherton; Stalzer; Tapio;
Wiik
Excused:
Cammack
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 8 Introduced by: Senators Bolin, Cammack, Cronin, Curd, Ewing, Frerichs,
Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer,
Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch,
Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg and
Representatives Jensen (Kevin), Anderson, Beal, Brunner, Campbell, Clark, Holmes, Johns,
Ring, Schaefer, Steinhauer, Stevens, Willadsen, and Zikmund
of Canton, South Dakota, for his service to our state and nation, and especially commend him
for his service as the state commander of the Veterans of Foreign Wars.
SC 9 Introduced by: Senators Tidemann, Cronin, Curd, Frerichs, Greenfield (Brock),
Haverly, Kolbeck, Maher, Nesiba, Netherton, Novstrup, Partridge, Peters, Rusch, Wiik, and
Youngberg and Representatives Reed, Ahlers, Bartels, Bartling, Chase, Diedrich, DiSanto,
Duvall, Hawley, Holmes, Hunhoff, Kettwig, Mills, Rounds, Rozum, Smith, Steinhauer, Wiese,
and Wismer
SC 10 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 11 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 12 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 13 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 14 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 15 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 17 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 18 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 19 Introduced by: Senators Nelson and Russell and Representative Kaiser
SC 20 Introduced by: Senators Nelson and Russell and Representative Kaiser
Sen. Youngberg moved that the Senate do now adjourn, which motion prevailed and at
3:20 p.m. the Senate adjourned.