The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Reverend Charles Walker, followed by the Pledge
of Allegiance led by Senate page Rachel Oslund.
Roll Call: All members present except Sen. Reedy who was excused.
The Committee on State Affairs respectfully reports that it has had under consideration SB
215 and HB 1065 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 168
and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 169
and 178 and HB 1099 and returns the same with the recommendation that said bills do pass and
be placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB 130
and 258 which were deferred to the 41st legislative day.
MADAM PRESIDENT:
I have the honor to return herewith SB 97 which has been amended by the House and your
concurrence in the amendments 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 Nicole Anderson, Kristin Brinkman,
Christena Eberhart, Lonnie Haaland, Jennifer Holscher, Rachel Oslund, Amanda Schlaht,
Steve Stickelmyer, David Wright, and Matthew Zeman
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-second
Legislature for ten 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 2 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 2 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); Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Everist; Reedy
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.
Sen. Jim Dunn moved that the Senate do not concur in House amendments to SB 55 and
that a committee of three on the part of the Senate be appointed to meet with a like committee
on the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President appointed as such committee Sens. Jim Dunn,
Brown, and Hutmacher.
Sen. Johnson moved that the Senate do concur in the House amendments to SB 18.
The question being on Sen. Johnson's motion that the Senate do concur in the House
amendments to SB 18.
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; Paisley;
Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy; Staggers
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Aker moved that the Senate do not concur in House amendments to SB 26 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Sen. Aker requested a roll call vote.
Which request was supported.
The question being on Sen. Aker's motion that the Senate do not concur in House
amendments to SB 26 and that a committee of three on the part of the Senate be appointed to
meet with a like committee on the part of the House to adjust the differences between the two
houses.
Nays were:
Benson; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Flowers; Frederick; Hunhoff;
Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford-Burg; Olson; Paisley;
Shoener; Symens; Valandra
Excused were:
Reedy
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Brown moved that the Senate do concur in the House amendments to SB 26.
The question being on Sen. Brown's motion that the Senate do concur in the House
amendments to SB 26.
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0
Yeas were:
Benson; Brown (Arnold); Dennert; Drake; Dunn (Rebecca); Flowers; Frederick; Hainje;
Hunhoff; Hutmacher; Johnson (William); Kloucek; Lange; Lawler; Morford-Burg; Olson;
Paisley; Shoener; Symens; Valandra
Nays were:
Aker; Albers; Daugaard; Dunn (Jim); Everist; Halverson; Ham; Kleven; Munson (David);
Rounds; Staggers; Thompson; Vitter; Whiting
Excused were:
Reedy
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
time, and to gather the necessary PM2.5 monitoring data and conduct all necessary research
needed to address the issue of causality and other critical and important unanswered scientific
questions concerning PM2.5; and advises and strongly urges EPA to identify any unfunded
mandates or other administrative and economic burdens for the state or local governments or
agencies that would result from the proposed changes to the NAAQS for ozone and particulate
matter.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
SB 186
:
FOR AN ACT ENTITLED, An Act
to revise certain requirements and rule
making authority relating to implementation of a hunter safety course.
Was read the second time.
The question being "Shall SB 186 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 question being "Shall SB 210 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 183
:
FOR AN ACT ENTITLED, An Act
to permit a county to designate minimum
maintenance roads.
Was read the second time.
The question being "Shall SB 183 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 question being "Shall HCR1003 be concurred in?"
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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution concurred in.
HB 1064
:
FOR AN ACT ENTITLED, An Act
to permit a judge or clerk of courts to fix
a time and place for hearing on certain probate and trust matters.
Was read the second time.
The question being "Shall HB 1064 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 question being "Shall HB 1072 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 1073
:
FOR AN ACT ENTITLED, An Act
to provide access to presentence reports to
all parties before imposition of sentence.
Was read the second time.
The question being "Shall HB 1073 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 192
:
FOR AN ACT ENTITLED, An Act
to revise certain requirements for snow
removal equipment and to declare an emergency.
Was read the second time.
The question being "Shall SB 192 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; Paisley;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
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 98
:
FOR AN ACT ENTITLED, An Act
to repeal the inheritance tax.
Was read the second time.
Sen. Rounds moved that SB 98 be deferred until Thursday, February 13, the 23rd
legislative day.
Which motion prevailed and the bill was so deferred.
SB 151
:
FOR AN ACT ENTITLED, An Act
to remove a requirement that sales of malt
beverages by a wholesaler to a retailer be by cash only.
Was read the second time.
Sen. Albers moved the previous question.
Which motion prevailed.
Nays were:
Albers; Benson; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Flowers; Ham; Hunhoff;
Johnson (William); Kleven; Kloucek; Lange; Morford-Burg; Olson; Paisley; Rounds; Shoener;
Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Reedy
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1002
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to the
registration of canceled livestock brands.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HB 1084
:
FOR AN ACT ENTITLED, An Act
to make the speed limits on township and
county roads consistent.
Was read the first time and referred to the Committee on Transportation.
HB 1085
:
FOR AN ACT ENTITLED, An Act
to clarify situations in which high school
seniors are excused from school make up days and to declare an emergency.
Was read the first time and referred to the Committee on Education.
HB 1114
:
FOR AN ACT ENTITLED, An Act
to define certain property for property tax
purposes.
Was read the first time and referred to the Committee on Taxation.
HB 1148
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
public deposits.
Was read the first time and referred to the Committee on Commerce.
HB 1155
:
FOR AN ACT ENTITLED, An Act
to revise the requirement that certain
inactive employers establish new unemployment compensation experience-rating accounts.
Was read the first time and referred to the Committee on Commerce.
HB 1163
:
FOR AN ACT ENTITLED, An Act
to provide a provision allowing any
regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49-
17A.
Was read the first time and referred to the Committee on Taxation.
HB 1165
:
FOR AN ACT ENTITLED, An Act
to provide for the powers and authority of
the Board of Economic Development to make loans and administer certain provisions regarding
economic development.
Was read the first time and referred to the Committee on Commerce.
HB 1185
:
FOR AN ACT ENTITLED, An Act
to allow banks to purchase fractional shares
of common stock for the purpose of canceling the fractional shares.
Was read the first time and referred to the Committee on Commerce.
HB 1188
:
FOR AN ACT ENTITLED, An Act
to repeal the provisions concerning a
candidate's support of congressional term limits.
Was read the first time and referred to the Committee on State Affairs.
HB 1191
:
FOR AN ACT ENTITLED, An Act
to repeal the entrepreneurial loan program.
Was read the first time and referred to the Committee on State Affairs.
HB 1041
:
FOR AN ACT ENTITLED, An Act
to revise the requirements by which parole
hearings may be held by teleconference.
Was read the second time.
Sen. Daugaard moved that HB 1041 be deferred until Monday, February 10, the 20th
legislative day.
Which motion prevailed and the bill was so deferred.
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 second time.
The question being "Shall HB 1042 pass?"
And the roll being called:
Yeas 33, Nays 1, 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; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Kloucek
Excused were:
Reedy
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.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1019.
The President publicly read the title to
SB 47:
FOR AN ACT ENTITLED, An Act
to revise the processing of certain genetic
marker specimens.
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.
HB 1039
:
FOR AN ACT ENTITLED, An Act
to transfer administration of the National
Guard tuition reduction program.
And signed the same in the presence of the Senate.
Sen. Vitter moved that the Senate do now adjourn, which motion prevailed, and at 2:00
p.m. the Senate adjourned.