The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by Senate page Joanna Mack.
The oath of office was administered by the Honorable Patrick J. McKeever, Circuit Court
Judge, to Arnold Brown who was appointed by Governor William J. Janklow to fill the
unexpired term of Senator Richard B. Negstad.
Which was subscribed to and filed in the office of the Secretary of State.
Roll Call: All members present except Sen. Paisley who was excused.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 50 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Darrell D. Cruea of Hughes County, Pierre, South
Dakota, as Secretary of the Department of Agriculture, and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on Taxation respectfully reports that it has had under consideration SB 14
and 60 which were deferred to the 41st legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 102
and 103 and returns the same with the recommendation that said bills do pass.
On page
5
,
line
20
,
after "
who
"
insert "
knowingly
"
.
On page
6
,
line
22
,
delete "
.
"
and insert "
;
"
.
On page
6
,
between lines
22
and
23
,
insert:
On page
1
,
line
7
,
over
strike "
§
41-12-13
"
.
And that as so amended said bill do pass.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1006, 1007, 1010, 1019, 1026, 1028, 1029, 1032,
1049, and 1051 and HJR 1001 which have passed the House and your favorable consideration
is respectfully requested.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-
second Legislature of the State of South Dakota to Ginger Ammon, Rebecca Crance,
Terrilyn Holzer, Becky Kloucek, Heidi Levin, Joanna Mack, Jennifer McEntee, Amy
Schmit, and Abi Seymour
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-second
Legislature for nine consecutive days; and
WHEREAS, the members of the Seventy-second Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, that a personal copy of this resolution be duly
certified and furnished to each on their last day of service.
Sen. Rounds moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 1 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy;
Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Paisley; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the resolution was adopted.
Nays were:
Flowers; Kloucek; Morford-Burg; Olson; Symens
Excused were:
Paisley; Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 92 was up for reconsideration and final passage.
Sen. Rounds moved that SB 92 be deferred until Tuesday, January 28th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 124
Introduced by:
Senators Shoener, Aker, Albers, Benson, Daugaard, Dennert,
Drake, Dunn (Jim), Everist, Flowers, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Johnson
(William), Kleven, Lange, Lawler, Munson (David), Olson, Reedy, Rounds, Thompson,
Valandra, Vitter, and Whiting and Representatives Jorgensen, Apa, Belatti, Brosz, Brown
(Richard), Cerny, Cutler, DeMersseman, Derby, Diedrich, Duniphan, Duxbury, Eccarius,
Fitzgerald, Hagg, Haley, Jaspers, Johnson (Doug), Madden, Munson (Donald), Pederson
(Gordon), Peterson (Bill), Pummel, Richter, Smidt, Van Gerpen, Waltman, Wetz, and Wick
FOR AN ACT ENTITLED, An Act
to revise the tourism promotion tax and to appropriate
the revenue therefrom.
Was read the first time and referred to the Committee on State Affairs.
SB 125
Introduced by:
Senators Halverson, Dunn (Rebecca), and Shoener and
Representatives Haley, Matthews, and McNenny at the request of the Executive Board of the
LRC
FOR AN ACT ENTITLED, An Act
to revise the membership of the commission on
uniform legislation.
Was read the first time and referred to the Committee on State Affairs.
SB 126
Introduced by:
Senators Rounds, Halverson, Johnson (William), Olson, and
Shoener and Representatives Hunt, Broderick, Brooks, Pederson (Gordon), Schaunaman, and
Sperry
FOR AN ACT ENTITLED, An Act
to require the Department of Commerce and
Regulation to provide by computer tape or other electronic media or data certain information
regarding individual driving records under certain conditions.
Was read the first time and referred to the Committee on Commerce.
SB 127
Introduced by:
Senators Rounds, Aker, Albers, Drake, Hainje, Hutmacher, Kleven,
Morford-Burg, Reedy, Shoener, and Vitter and Representatives Brooks, Belatti, Davis,
Duniphan, Fischer-Clemens, Hagg, Jorgensen, Koetzle, Madden, Monroe, Moore, Richter, and
Schaunaman
FOR AN ACT ENTITLED, An Act
to revise the eligibility for workers compensation to
any person providing voluntary services to a fire department, ambulance service, or rescue
squad.
Was read the first time and referred to the Committee on State Affairs.
FOR AN ACT ENTITLED, An Act
to increase certain inheritance tax exemptions.
Was read the first time and referred to the Committee on Taxation.
SB 129
Introduced by:
Senators Staggers, Drake, and Ham and Representatives Brown
(Jarvis), Gleason, Monroe, and Schaunaman
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to workers'
compensation workplace safety review services.
Was read the first time and referred to the Committee on Commerce.
SB 130
Introduced by:
Senators Lange, Dennert, Kloucek, Reedy, and Symens and
Representatives Duenwald, Collier, Fitzgerald, Gleason, Johnson (Doug), Kazmerzak, Kooistra,
Lucas, Pummel, Smidt, and Weber
FOR AN ACT ENTITLED, An Act
to revise the amount of nonresidential agricultural
property exempt from taxation as property.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 131
Introduced by:
Senators Lange, Hunhoff, Lawler, and Reedy and Representatives
Collier, Belatti, Fitzgerald, Gleason, Hassard, Kazmerzak, Kooistra, Lee, Schrempp, and Weber
FOR AN ACT ENTITLED, An Act
to provide for the temporary surrender of motor
vehicles if the operator fails to provide proof of insurance.
Was read the first time and referred to the Committee on Transportation.
SB 132
Introduced by:
Senators Lange, Dennert, Flowers, and Reedy and Representatives
Belatti, Collier, Johnson (Doug), Kazmerzak, Kooistra, and Lucas
FOR AN ACT ENTITLED, An Act
to allow local districts the option of testing alternative
instruction students.
Was read the first time and referred to the Committee on Education.
SB 133 Introduced by: Senator Aker and Representative Matthews
SB 134
Introduced by:
Senators Whiting, Johnson (William), Reedy, and Thompson and
Representatives McNenny, Eccarius, Hassard, Konold, Pederson (Gordon), and Van Gerpen
FOR AN ACT ENTITLED, An Act
to require that property owners be notified of the filing
of certain instruments affecting their property.
Was read the first time and referred to the Committee on Judiciary.
SB 135
Introduced by:
Senators Whiting, Daugaard, Dunn (Jim), and Rounds and
Representatives Eccarius, Brosz, DeMersseman, Derby, Duniphan, Madden, Peterson (Bill),
Pummel, Smidt, and Wetz
FOR AN ACT ENTITLED, An Act
to clarify certain conditions for vacating, changing,
or relocating section-line highways.
Was read the first time and referred to the Committee on Transportation.
SB 136
Introduced by:
Senators Whiting, Daugaard, and Dunn (Jim) and Representatives
Smidt, Brosz, Eccarius, Madden, Peterson (Bill), Pummel, and Wetz
FOR AN ACT ENTITLED, An Act
to restrict the number of total acres in a county that
may be included in private shooting preserves.
Was read the first time and referred to the Committee on Local Government.
SB 27:
FOR AN ACT ENTITLED, An Act
to revise the time frames for giving notice
concerning local elections and the distribution of sample ballots.
Was read the second time.
The question being "Shall SB 27 pass?"
Excused were:
Paisley; Valandra
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 38:
FOR AN ACT ENTITLED, An Act
to repeal certain rule-making authority of the
Department of Environment and Natural Resources and to revise certain rule-making authority
of water development districts.
Was read the second time.
The question being "Shall SB 38 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy;
Rounds; Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Paisley; Valandra
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 69:
FOR AN ACT ENTITLED, An Act
to exempt certain information submitted to the
Department of Agriculture from public disclosure requirements.
Was read the second time.
Excused were:
Paisley; Valandra
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 47:
FOR AN ACT ENTITLED, An Act
to revise the processing of certain genetic
marker specimens.
Having had its second reading was up for consideration and final passage.
On page
1
,
line
13 of the printed bill
,
overstrike "arrest"
and insert "
conviction
"
.
Which motion prevailed and SB 47 was so amended.
The question being "Shall SB 47 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Munson (David); Reedy; Rounds; Shoener;
Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Morford-Burg; Olson
SB 78:
FOR AN ACT ENTITLED, An Act
to revise license requirements for the sale of
nonprescription drugs and repeal licensure requirements for the sale of household remedies.
Was read the second time.
The question being "Shall SB 78 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Paisley
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 70:
FOR AN ACT ENTITLED, An Act
to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall SB 70 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy;
Rounds; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Sen. Dunn (Jim) moved that SB 130 be referred from the Committee on Agriculture &
Natural Resources to the Committee on Taxation.
Which motion prevailed and the bill was so referred.
Sen. Rounds moved that SB 30, 39, 77, 95, 97, and 100 be deferred to Monday, January
27, the 10th legislative day.
Which motion prevailed and the bills were so deferred.
HB 1006:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on express
companies.
Was read the first time and referred to the Committee on Taxation.
HB 1007:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on telegraph
companies.
Was read the first time and referred to the Committee on Taxation.
HB 1010:
FOR AN ACT ENTITLED, An Act
to revise the definitions of real and personal
property.
Was read the first time and referred to the Committee on Taxation.
HB 1019:
FOR AN ACT ENTITLED, An Act
to revise which candidates that the
provisions concerning campaign financing apply to.
Was read the first time and referred to the Committee on Local Government.
HB 1026: FOR AN ACT ENTITLED, An Act to revise provisions regarding the marking of certain shelters and the removal of certain shelters from the ice of public waters.
HB 1028:
FOR AN ACT ENTITLED, An Act
to revise certain requirements pertaining to
controlled substances.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1029:
FOR AN ACT ENTITLED, An Act
to revise certain requirements pertaining to
the placement of physician assistants.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1032:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
procedures used to impose an additional or excess tax levy for property tax purposes.
Was read the first time and referred to the Committee on Taxation.
HB 1059:
FOR AN ACT ENTITLED, An Act
to allow the Gaming Commission to
delegate its authority to approve the sale and exchange of slot machines between licensed
gaming retailers.
Was read the first time and referred to the Committee on Commerce.
HB 1051:
FOR AN ACT ENTITLED, An Act
to transfer the regulation of mortgage
brokers from the Real Estate Commission to the Division of Banking.
Was read the first time and referred to the Committee on Commerce.
HJR1001:
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 State Affairs.
Pursuant to the Joint-Select Committee Report found on page 56 of the Senate Journal,
following is an addendum to the House rules of the Seventy-second Legislative Session as
printed in the Senate Journal of the seventh legislative day:
H2-3. Disciplinary committee regarding misconduct. Either upon written motion from the
floor or a written complaint of disorderly conduct of any member filed with the speaker by any
two members and made within two (2) legislative days following the alleged misconduct, the
Speaker may appoint a disciplinary committee for purposes of receiving testimony and evidence
regarding the alleged misconduct. The committee shall report its findings and recommendations
to the body within three (3) legislative days following the appointment of the committee. The
committee may dismiss the complaint or in addition to, or in lieu of, expulsion under Joint Rule
1-11, recommend appropriate sanctions, including but not limited to, restricting or withholding
a member's speaking privileges on the floor for a reasonable period of time, direct that an
apology be made to the body, issue an oral or written reprimand, or issue such other punishment
as the committee deems appropriate. The committee report setting forth such recommendation
may not be amended but shall be subject to the approval of a majority vote of the members-
elect.
H3-1. Appointment of standing committees. The speaker of the House of Representatives
shall, with advice from the minority leader, appoint the members of the following standing
committees with the number of members as indicated after each committee and shall appoint
the chair and vice chair of each committee:
1. Agriculture and Natural Resources (13)
2. Appropriations (10)
3. Commerce (13)
4. Education (13)
5. Government Operations and Audit (3)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation (13)
13. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and
speaker pro tempore are members of the legislative procedure committee, and the speaker shall
serve as chair of the legislative procedure committee.
Sen. Kleven moved that the Senate do now adjourn, which motion prevailed, and at 1:43
p.m. the Senate adjourned.