The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge
of Allegiance led by Senate page Lonnie Haaland.
Roll Call: All members present except Sen. Paisley who was excused.
On page 165, delete lines 11 to 13, inclusive, and insert:
"HB 1049: FOR AN ACT ENTITLED, An Act to establish an insurance examination fund
and prescribe certain requirements for insurers subject to examination."
All other errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Assistant Sergeant-at-Arms: Alice Mae Kennedy;
Pages: Nicole Anderson, Kristin Brinkman, Christena Eberhart, Lonnie Haaland, Jennifer
Holscher, Rachel Oslund, Amanda Schlaht, Steve Stickelmyer, David Wright, and Matthew
Zeman
Which were subscribed to and placed on file in the office of the Secretary of State.
The President announced the appointment of Sen. Arnold Brown to the following standing
committees: Health and Human Services, Vice Chair; Taxation; Agriculture and Natural
Resources; and Retirement Laws.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1001 and returns the same with the recommendation that said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1011, 1014, and 1015 and returns the same with the recommendation that said bills do pass and
be placed on the Consent Calendar.
"BE IT FURTHER RESOLVED, that the Legislature of the State of South Dakota hereby
requests that the Congressional Delegation from South Dakota vote in favor of the
aforementioned amendment to the Constitution of the United States; and"
.
And that as so amended said resolution be adopted.
And that as so amended said bill do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SJR
1 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
123 which was deferred to the 41st legislative day.
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,
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, and make available upon request
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Also MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Kelly D. Stern, Hutchinson County, Freeman, South Dakota, to the South Dakota
Board of Education, and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
MADAM PRESIDENT:
I have the honor to return herewith SCR 1 in which the House has concurred.
Also MADAM SPEAKER:
I have the honor to transmit herewith HB 1030, 1031, 1039, 1042, and 1053 which have
passed the House and your favorable consideration is respectfully requested.
The President
introduced Wendyll Smoke of Porcupine, South Dakota's Easter Seal Child,
and Kay Swenson of Pierre, the Adult Spokesperson for the Easter Seal Society.
SB 137
Introduced by:
Senators Johnson (William) and Frederick and Representatives
Wetz, Crisp, and Diedrich
FOR AN ACT ENTITLED, An Act
to establish a sheep checkoff program.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 138
Introduced by:
Senators Hunhoff and Aker and Representatives Duniphan,
Chicoine, Haley, Lee, and Napoli
FOR AN ACT ENTITLED, An Act
to authorize sheriffs to collect fees for expenses
incurred in executing court orders.
Was read the first time and referred to the Committee on Judiciary.
SB 139
Introduced by:
Senators Staggers, Aker, Albers, Dennert, Drake, Hainje,
Hutmacher, Lange, Thompson, and Vitter and Representatives Napoli, Hassard, Monroe,
Moore, Weber, and Windhorst
FOR AN ACT ENTITLED, An Act
to exempt certain low-cost purchases from the use tax.
Was read the first time and referred to the Committee on Taxation.
SB 140
Introduced by:
Senators Staggers, Aker, Lange, Thompson, and Vitter and
Representatives Napoli, Brooks, Duenwald, Madden, Matthews, Monroe, Pederson (Gordon),
Peterson (Bill), Weber, and Windhorst
FOR AN ACT ENTITLED, An Act
to revise the criteria for the assessment freeze on the
taxation of certain single-family dwellings.
Was read the first time and referred to the Committee on Taxation.
SB 141 Introduced by: Senators Vitter, Lange, and Shoener and Representatives Barker, Jorgensen, and Pummel
SB 142
Introduced by:
Senators Vitter, Aker, Dunn (Jim), Everist, Ham, Hutmacher,
Kloucek, Olson, Reedy, Rounds, Shoener, and Whiting and Representatives Broderick, Belatti,
Cerny, de Hueck, Derby, Duniphan, Duxbury, Eccarius, Fischer-Clemens, Fitzgerald, Jaspers,
Jorgensen, Kooistra, Kredit, Madden, Napoli, Pederson (Gordon), Peterson (Bill), Pummel,
Schaunaman, Van Gerpen, and Wetz
FOR AN ACT ENTITLED, An Act
to authorize the use of the municipal sales tax for
certain street rehabilitation and reconstruction.
Was read the first time and referred to the Committee on Taxation.
SB 143
Introduced by:
Senators Albers, Vitter, Aker, Dunn (Jim), Everist, Ham,
Hutmacher, Kloucek, Lawler, Olson, Reedy, Rounds, Shoener, Staggers, and Whiting and
Representatives Broderick, Fischer-Clemens, Belatti, Brown (Jarvis), Cerny, de Hueck, Derby,
Duniphan, Duxbury, Eccarius, Fischer-Clemens, Fitzgerald, Jaspers, Jorgensen, Kooistra,
Kredit, Madden, Napoli, Pederson (Gordon), Peterson (Bill), Pummel, Schaunaman, Van
Gerpen, and Wetz
FOR AN ACT ENTITLED, An Act
to expand the definition of the crime of stalking.
Was read the first time and referred to the Committee on Judiciary.
SB 144
Introduced by:
Senators Kleven, Benson, and Johnson (William) and
Representatives McNenny, Pummel, and Wetz
FOR AN ACT ENTITLED, An Act
to revise the provision concerning when a full-time
state's attorney may be designated.
Was read the first time and referred to the Committee on Local Government.
SB 145
Introduced by:
Senators Hunhoff and Rounds and Representatives Richter,
Chicoine, and Lee
FOR AN ACT ENTITLED, An Act
to authorize title insurance companies to execute
certain certificates of release of mortgages.
Was read the first time and referred to the Committee on Commerce.
FOR AN ACT ENTITLED, An Act
to revise the dates when the auditor reconciles the
unpaid taxes.
Was read the first time and referred to the Committee on Taxation.
SB 147
Introduced by:
Senators Lange, Albers, and Shoener and Representatives Barker,
Fiegen, and Schrempp
FOR AN ACT ENTITLED, An Act
to revise the requirement for issuing property tax
receipts.
Was read the first time and referred to the Committee on Taxation.
SB 148
Introduced by:
Senators Lange, Albers, and Shoener and Representatives Barker,
Fiegen, and Schrempp
FOR AN ACT ENTITLED, An Act
to revise the requirements for number and filing of
copies concerning the apportionment of foundation program funds.
Was read the first time and referred to the Committee on Education.
Sen. Frederick requested that SB 50 be removed from the Consent Calendar.
SB 99:
FOR AN ACT ENTITLED, An Act
to revise the grounds upon which a judge may
waive consent of a parent to termination of parental rights or adoption.
Having had its second reading was up for consideration and final passage.
Sen. Everist moved that SB 99 be deferred until Tuesday, January 28, the 11th legislative
day.
Which motion prevailed and the bill was so deferred.
The question being "Shall SB 26 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers;
Frederick; Hainje; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Kloucek; Lange;
Lawler; Morford-Burg; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Symens;
Valandra; Vitter
Nays were:
Brown (Arnold); Drake; Hutmacher; Thompson; Whiting
Excused were:
Paisley
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 41:
FOR AN ACT ENTITLED, An Act
to make appropriations from the water and
environment fund and to declare an emergency.
Was read the second time.
The question being "Shall SB 41 pass as amended?"
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
SB 71:
FOR AN ACT ENTITLED, An Act
to make an appropriation from the coordinated
soil and water conservation fund to the State Conservation Commission.
Was read the second time.
The question being "Shall SB 71 pass as amended?"
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 30:
FOR AN ACT ENTITLED, An Act
to revise requirements concerning deadline for
registration cards.
Was read the second time.
The question being "Shall SB 30 pass?"
And the roll being called:
Yeas 11, Nays 22, Excused 2, Absent and Not Voting 0
Yeas were:
Flowers; Hunhoff; Hutmacher; Kloucek; Lange; Lawler; Morford-Burg; Olson; Reedy; Symens;
Valandra
Excused were:
Dennert; Paisley
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 39:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding water
user districts and water development districts.
Was read the second time.
The question being "Shall SB 39 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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 77:
FOR AN ACT ENTITLED, An Act
to require the licensure of nonresident
pharmacies.
Was read the second time.
The question being "Shall SB 77 passas amended?"
Nays were:
Olson; Staggers; Thompson
Excused were:
Paisley; Valandra
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 95:
FOR AN ACT ENTITLED, An Act
to revise the terms of service for members of
the Commission on Judicial Qualifications.
Was read the second time.
The question being "Shall SB 95 pass as amended?"
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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 97:
FOR AN ACT ENTITLED, An Act
to prohibit the harassment of certain public
officers and employees by fraudulent legal proceedings or liens.
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Which motion prevailed and SB 97 was so amended.
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The question being "Shall SB 97 pass as amended?"
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 majority of the members-elect, the
President declared the bill passed.
The question being on the title.
Sen. Staggers moved that the title to SB 97 be amended as follows:
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Which motion prevailed and the title was so amended.
SB 100:
FOR AN ACT ENTITLED, An Act
to permit all but one petitioner to waive
personal appearance at a hearing for termination of parental rights.
Was read the second time.
Sen. Everist moved that SB 100 be deferred until Tuesday, January 28, the 11th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 102:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding street
gang activity.
The question being "Shall SB 102 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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 103:
FOR AN ACT ENTITLED, An Act
to increase the penalty for a driver of a motor
vehicle who eludes a law enforcement officer.
Was read the second time.
Sen. Whiting moved that SB 103 be deferred until Tuesday, January 28, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1030:
FOR AN ACT ENTITLED, An Act
to revise the functions of the Aeronautics
Commission.
Was read the first time and referred to the Committee on Transportation.
HB 1031:
FOR AN ACT ENTITLED, An Act
to allow off-premise changeable electronic
message signs in areas adjacent to the interstate and primary highway systems.
Was read the first time and referred to the Committee on Transportation.
HB 1042:
FOR AN ACT ENTITLED, An Act
to require parolees released under the
supervision of the Department of Corrections and the Board of Pardons and Paroles to pay
supervision fees, to provide for the establishment of supervision fees, and to provide for the
deposition of the fees.
Was read the first time and referred to the Committee on Judiciary.
HB 1053:
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to the
regulation of certain motor carriers transporting hazardous materials.
Was read the first time and referred to the Committee on Transportation.
Sen. Whiting moved that the Senate do now adjourn, which motion prevailed, and at 3:30
p.m. the Senate adjourned.