The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Rhonda Wellsandt-Zell, followed by the Pledge
of Allegiance led by Senate page Michael Clegg.
Roll Call: All members present.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared SB 89, 141, and 204 and finds the same correctly
enrolled.
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1009 and HB 1188, 1205, 1223, and 1274 and returns the same with the recommendation
that said bills and resolution do pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1010 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1032, 1078, 1114 and 1163 and returns the same with the recommendation that said bills do
pass and be placed on the Consent Calendar.
" Section 14. That chapter 10-29 be amended by adding thereto a NEW SECTION to read as follows:
MADAM PRESIDENT:
I have the honor to return herewith SB 64 and 88 which have passed the House without
change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1071, 1152, 1171, 1218, 1229, 1233, 1253, and
1261 which have passed the House and your favorable consideration is respectfully requested.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1084 and has appointed Reps. Koskan, Weber, and Richter as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two Houses.
The President appointed as such committee Sens. Staggers, Thompson, and Flowers.
The Senate proceeded to the consideration of the executive appointment of Harvey C.
Jewett of Brown County, Aberdeen, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive appointment of
Harvey C. Jewett pursuant to the executive message as found on page 366 of the Senate
Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-
second Legislature of the State of South Dakota to Michael Clegg, Janice Cook, Matthew
Fiorita, Shanna Hilderman, Stephanie Hummel, Cynthia Jackson, Dawn Mulloy, Jewell
Rusten, Ashley Trankle, and Aaron Van Ruler
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:
Sen. Rounds moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 3 be adopted.
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 (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
Excused were:
Dunn (Jim)
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.
Pursuant to Senate Rule 6-1, the President removed HB 1002 from the Consent Calendar.
The question being "Shall HB 1038 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.
HB 1080
:
FOR AN ACT ENTITLED, An Act
to revise certain restrictions pertaining to
carrying on similar business within specified geographical areas in sales of good will.
Was read the second time.
The question being "Shall HB 1080 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.
HB 1095
:
FOR AN ACT ENTITLED, An Act
to revise the procedure for changing a
corporation's registered office or agent.
Was read the second time.
HB 1097
:
FOR AN ACT ENTITLED, An Act
to return unemployment compensation
experience-rating accounts to sellers in certain contract for deed transactions.
Was read the second time.
The question being "Shall HB 1097 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.
HB 1148
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
public deposits.
Was read the second time.
The question being "Shall HB 1148 pass?"
And the roll being called:
HB 1153
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
sale of interment space in perpetual care cemeteries.
Was read the second time.
The question being "Shall HB 1153 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.
HB 1178
:
FOR AN ACT ENTITLED, An Act
to make persons who fail to develop certain
erosion and sediment control plans ineligible for certain state financial assistance.
Was read the second time.
The question being "Shall HB 1178 pass?"
And the roll being called:
HB 1071
:
FOR AN ACT ENTITLED, An Act
FOR AN ACT ENTITLED, An Act to
require that certain juveniles register with the sex offender registry, to provide for the removal
of certain persons from the sex offender registry, and to revise the age for certain sex crimes.
Was read the first time and referred to the Committee on Judiciary.
HB 1152
:
FOR AN ACT ENTITLED, An Act
to provide for character development
instruction in the school curriculum.
Was read the first time and referred to the Committee on Education.
HB 1171
:
FOR AN ACT ENTITLED, An Act
to revise the types of property exempt from
taxation.
Was read the first time and referred to the Committee on State Affairs.
HB 1218
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning the
detention of children in need of supervision and delinquent children.
Was read the first time and referred to the Committee on State Affairs.
HB 1229
:
FOR AN ACT ENTITLED, An Act
to make certain livestock operations subject
to certain environmental fees.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HB 1233 : FOR AN ACT ENTITLED, An Act to prohibit the expansion of the number of certain licensed hospital beds.
HB 1253
:
FOR AN ACT ENTITLED, An Act
to establish a visitation enforcement
program within the Unified Judicial System, to create a Task Force to provide for its
implementation, and to make an appropriation of federal fund authority therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1261
:
FOR AN ACT ENTITLED, An Act
to provide for the promulgation of rules
governing inspections of certain concentrated animal feeding operations.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HB 1079
:
FOR AN ACT ENTITLED, An Act
to repeal requirements for health care
providers to report capital expenditures in excess of one hundred thousand dollars.
Having had its second reading was up for consideration and final passage.
The question being on Sen. Hunhoff's pending motion to amend HB 1079 as found on page
507 of the Senate Journal.
Sen. Hunhoff withdrew his motion to amend HB 1079.
The question being "Shall HB 1079 pass?"
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; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Kloucek
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 1112 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek;
Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Halverson
Excused were:
Daugaard
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 1047
:
FOR AN ACT ENTITLED, An Act
to require property and casualty and health
insurers to file actuarial opinions in accordance with the National Association of Insurance
Commissioners Annual Statement Instructions.
Was read the second time.
The question being "Shall HB 1047 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; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William);
Kleven; Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Symens; Thompson; Valandra; Vitter; Whiting
Excused were:
Frederick
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 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 second time.
Sen. Everist moved that HB 1102 be placed to follow HB 1055 on today's calendar.
Which motion prevailed and HB 1102 was so placed.
HB 1089
:
FOR AN ACT ENTITLED, An Act
to require a temporary permit and fee for
motorcycles and trailers to be displayed at certain events.
Was read the second time.
Sen. Kleven moved that HB 1089 be deferred until Tuesday, February 25, the 31st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1068
:
FOR AN ACT ENTITLED, An Act
to provide for six-person juries in small
claims actions.
Was read the second time.
The question being "Shall HB 1068 pass as amended?"
And the roll being called:
Excused were:
Frederick; 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.
HB 1046
:
FOR AN ACT ENTITLED, An Act
to define unfair discrimination in the
business of insurance.
Was read the second time.
The question being "Shall HB 1046 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.
HB 1049
:
FOR AN ACT ENTITLED, An Act
to establish an insurance examination fund
and prescribe certain requirements for insurers subject to examination.
Was read the second time.
The question being "Shall HB 1049 pass as amended?"
Nays were:
Staggers
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.
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 second time.
The question being "Shall HB 1035 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; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Hainje; Halverson
HB 1055
:
FOR AN ACT ENTITLED, An Act
to repeal the early presidential primary.
Was read the second time.
The question being "Shall HB 1055 pass?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Flowers;
Frederick; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven; Kloucek; Lange;
Lawler; Morford-Burg; Olson; Paisley; Rounds; Symens; Thompson; Whiting
Nays were:
Dunn (Rebecca); Everist; Hainje; Munson (David); Reedy; Shoener; Staggers; Valandra; 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.
HB 1102
:
FOR AN ACT ENTITLED, An Act
to authorize additional off-sale retail liquor
licenses in certain municipalities of the first class.
Having had its second reading was up for consideration and final passage.
Which motion prevailed.
The question being "Shall HB 1102 pass as amended?"
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers; Frederick;
Hainje; Johnson (William); Lawler; Morford-Burg; Olson; Paisley; Rounds; Shoener; Staggers;
Symens; Thompson; Valandra; Whiting
Nays were:
Benson; Drake; Dunn (Rebecca); Halverson; Ham; Hunhoff; Hutmacher; Kleven; Kloucek;
Lange; Munson (David); Reedy; 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.
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 second time.
The question being "Shall HB 1125 pass?"
And the roll being called:
Yeas 22, Nays 11, Excused 2, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Flowers;
Hainje; Ham; Johnson (William); Kleven; Reedy; Rounds; Shoener; Staggers; Symens;
Thompson; Valandra; Vitter; Whiting
Nays were:
Dunn (Rebecca); Everist; Frederick; Halverson; Hunhoff; Hutmacher; Kloucek; Lange; Lawler;
Morford-Burg; Olson
Excused were:
Munson (David); Paisley
Sen. Rounds moved that HB 1096, 1147, 1162, 1085, 1093, 1143, HJR 1004, HB 1126,
1150, 1101, 1103, 1109, 1280, and HJR 1001 be deferred until Monday, February 24, the 30th
legislative day.
Which motion prevailed and the bills and resolutions were so deferred.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1164 and 1170 and returns the same with the recommendation that said bills do pass.
"
Section 5. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as
follows:
Any convicted person confined in a county jail who intentionally throws, smears, or
otherwise causes blood, emesis, mucus, semen, excrement, or human waste to come in contact
with a county jail employee, or visitor, or volunteer authorized by the county jail, or person
under contract assigned to the county jail is guilty of a Class 6 felony.
"
The President publicly read the title to
SB 89:
FOR AN ACT ENTITLED, An Act
to allow circuit judges from one or more
circuits to share law library resources.
SB 141:
FOR AN ACT ENTITLED, An Act
to revise the recall provisions for elected
municipal officials.
SB 204:
FOR AN ACT ENTITLED, An Act
to revise the number of days that a temporary
snowmobile license permit is valid.
And signed the same in the presence of the Senate.
Sen. Arnold Brown moved that the Senate do now adjourn, which motion prevailed, and
at 2:35 p.m. the Senate adjourned.