The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of
Allegiance led by Senate page Nicole Anderson.
Roll Call: All members present.
The Senate proceeded to the consideration of the executive appointment of Joseph T.
Murphy of Pennington County, Rapid City, South Dakota, as Assistant Adjutant General, Army.
The question being "Does the Senate advise and consent to the executive appointment of
Joseph T. Murphy pursuant to the executive message as found on page 204 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca);
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Vitter; Whiting
Excused were:
Benson; Kloucek; Valandra
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Committee on Transportation respectfully reports that it has had under consideration
SB 150 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 175 which was deferred to the 41st legislative day.
The Committee on Commerce respectfully reports that it has had under consideration SB
162 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce respectfully reports that it has had under consideration SB
204 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Commerce respectfully reports that it has had under consideration SB
165 and 203 which were tabled.
The Committee on Commerce respectfully reports that it has had under consideration SB
149 which was deferred to the 41st legislative day.
MADAM PRESIDENT:
I have the honor to return herewith SB 38 and 78 which have passed the House without
change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1022, 1035, 1065, 1078, 1099, 1102, 1103, 1106,
1124, and 1125 which have passed the House and your favorable consideration is respectfully
requested.
Also MADAM PRESIDENT:
I have the honor to return herewith SB 80 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
Yesterday, Sen. Halverson announced his intention to reconsider the vote by which SB 75
lost.
Sen. Halverson moved to reconsider the vote by which SB 75 lost.
Nays were:
Drake; Dunn (Rebecca); Hunhoff; Kloucek; Staggers; Thompson
Excused were:
Valandra
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 75 was up for reconsideration and final passage.
SB 75
:
FOR AN ACT ENTITLED, An Act
to clarify the acts that constitute unfair claims
practice and establish requirements for claims practices and procedures.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 75 pass as amended?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers;
Hainje; Halverson; Ham; Johnson (William); Kleven; Lange; Lawler; Munson (David); Olson;
Paisley; Reedy; Rounds; Shoener; Valandra; Vitter; Whiting
Nays were:
Drake; Dunn (Rebecca); Frederick; Hunhoff; Hutmacher; Kloucek; Morford-Burg; Staggers;
Symens; Thompson
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 259
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to promote personal responsibility and provide
temporary assistance for needy families and to revise certain provisions relating to public
assistance.
Was read the first time and referred to the Committee on State Affairs.
SB 261
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to prohibit conditional adoptions.
Was read the first time and referred to the Committee on State Affairs.
SB 262
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding reverse
mortgages.
Was read the first time and referred to the Committee on State Affairs.
SB 263
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions of the physician tuition
reimbursement program and the medical education scholarship program.
Was read the first time and referred to the Committee on State Affairs.
SB 264
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to limit any future creation of QUEST entities and to
declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
SB 265
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to provide for the repeal of the railroad tax credit.
Was read the first time and referred to the Committee on State Affairs.
SB 266
Introduced by:
The Committee on State Affairs at the request of the Governor
SB 267
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to increase the penalties for possession of drugs and
drug paraphernalia and for drug distribution and storage.
Was read the first time and referred to the Committee on Judiciary.
SB 268
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the civil liability
of drug dealers.
Was read the first time and referred to the Committee on Judiciary.
SB 269
Introduced by:
The Committee on Agriculture & Natural Resources at the request
of the Governor
FOR AN ACT ENTITLED, An Act
to increase the penalties for certain hunting and fishing
violations and to provide for an increase in the civil liquidated damages payable to the
Department of Game, Fish and Parks under certain circumstances.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 270
Introduced by:
The Committee on Commerce at the request of the Governor
FOR AN ACT ENTITLED, An Act
to create an administrative hearing process before the
Division of Insurance for certain insureds and beneficiaries.
Was read the first time and referred to the Committee on Commerce.
SB 114
:
FOR AN ACT ENTITLED, An Act
to revise certain restrictions on the detention
of children in an adult jail or lockup and the physical separation of such children from adult
prisoners.
The question being "Shall SB 114 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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 153
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for selling and
purchasing surplus property.
Was read the second time.
The question being "Shall SB 153 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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 148
:
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 second time.
The question being "Shall SB 148 pass?"
HB 1027
:
FOR AN ACT ENTITLED, An Act
to transfer licensure of adult foster care
homes from the Department of Social Services to the Department of Health and to revise the
definition of an assisted living center.
Was read the second time.
The question being "Shall HB 1027 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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 113
:
FOR AN ACT ENTITLED, An Act
to establish degrees of unlawful occupancy
and prescribe penalties therefor.
Was read the second time.
Sen. Rounds moved that SB 113 be deferred until Wednesday, February 5, the seventeenth legislative day.
SB 40
:
FOR AN ACT ENTITLED, An Act
to make certain revisions regarding official
actions of the Board of Water and Natural Resources.
Was read the second time.
The question being "Shall SB 40 pass?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Reedy; Shoener;
Staggers; Symens; Thompson; Valandra; Whiting
Nays were:
Halverson; Paisley; Rounds; Vitter
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 179
:
FOR AN ACT ENTITLED, An Act
to allow the city of Huron to issue a
temporary liquor license to be operated within the South Dakota State Fairgrounds.
Was read the second time.
Sen. Halverson moved that SB 179 be laid on the table.
The question being on Sen. Halverson's motion that SB 179 be laid on the table.
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
SB 152
:
FOR AN ACT ENTITLED, An Act
to permit planning directors to approve
certain plats.
Was read the second time.
The question being "Shall SB 152 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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 157
:
FOR AN ACT ENTITLED, An Act
to revise the security required of an agent
selling hunting and fishing licenses and snowmobile permits, to provide for fees and interest to
be charged agents, and to limit the liability of county treasurers.
Was read the second time.
The question being "Shall SB 157 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
SB 166
:
FOR AN ACT ENTITLED, An Act
to require a legislative interim study of
prepaid post-secondary education tuition plans.
Was read the second time.
The question being "Shall SB 166 pass?"
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent and Not Voting 0
Yeas were:
Benson; Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Everist; Flowers; Hainje; Ham;
Hunhoff; Hutmacher; Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David);
Reedy; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Aker; Albers; Drake; Dunn (Jim); Frederick; Halverson; Johnson (William); Olson; Paisley;
Rounds; Shoener
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 1022
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
one-call notification system.
Was read the first time and referred to the Committee on Commerce.
HB 1035
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions pertaining to
the regulation of vehicle dealers and snowmobile dealers.
Was read the first time and referred to the Committee on Transportation.
HB 1065
:
FOR AN ACT ENTITLED, An Act
to increase the minimum wage and to
declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1099
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to liens.
Was read the first time and referred to the Committee on Judiciary.
HB 1102
:
FOR AN ACT ENTITLED, An Act
to authorize additional off-sale retail liquor
licenses in certain municipalities of the first class.
Was read the first time and referred to the Committee on Commerce.
HB 1103
:
FOR AN ACT ENTITLED, An Act
to permit the Animal Industry Board to
keep reports of contagious disease confidential.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HB 1106
:
FOR AN ACT ENTITLED, An Act
to exempt certain bonds from property tax
levy limitations.
Was read the first time and referred to the Committee on Taxation.
HB 1124
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for publishing
and filing an annual financial report.
Was read the first time and referred to the Committee on Local Government.
HB 1125
:
FOR AN ACT ENTITLED, An Act
to authorize the Gaming Commission to
authorize variations of blackjack and poker in Deadwood.
Was read the first time and referred to the Committee on State Affairs.
HB 1039
:
FOR AN ACT ENTITLED, An Act
to transfer administration of the National
Guard tuition reduction program.
Was read the second time.
The question being "Shall HB 1039 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
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.
The President publicly read the title to
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.
SB 69:
FOR AN ACT ENTITLED, An Act
to exempt certain information submitted to the
Department of Agriculture from public disclosure requirements.
HB 1009:
FOR AN ACT ENTITLED, An Act
to allow the state auditor to temporarily
draw on money between state funds in anticipation of revenue.
HB 1018:
FOR AN ACT ENTITLED, An Act
to repeal the sunset clause concerning
compliance with the provisions of the Voting Rights Act Amendments of 1975.
HB 1021:
FOR AN ACT ENTITLED, An Act
to establish an effective date for voter
registration.
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.
Sen. Aker moved that the Senate do now adjourn, which motion prevailed, and at 3:42 p.m.
the Senate adjourned.