The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge
of Allegiance led by Senate page Courtney Johnson.
Roll Call: All members present except Sen. Symens who was excused.
Pages: Kristen Coster, Jenny Dempster, Shanna Finnegan, Eric Henning, Tom Hettich,
Courtney Johnson, Clarice Jones, Chris Maunu, Stephanie Sealey, Wendy Semmler, and Lisa
Spotted Tail;
Assistant Sergeant-at Arms -- Rollie Benson.
Which were subscribed to and placed on file in the office of the Secretary of State.
The Committee on State Affairs respectfully reports that it has had under consideration SB
131 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on State Affairs respectfully reports that it has had under consideration SB
83 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
155 which was deferred to the 36th legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1003 and returns the same with the recommendation that the Senate do concur and that
said resolution be placed on the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 104
and 113 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 88
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 108
which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 102
which was deferred to the 36th legislative day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 101, 112, 123, and 73 and returns the same with the recommendation that said
bills do pass.
"
Section 13. That chapter 46A-10B be amended by adding thereto a NEW SECTION to read
as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 86 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 89 which was deferred to the 36th legislative day.
The Committee on Education respectfully reports that it has had under consideration SB
143 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
The Committee on Education respectfully reports that it has had under consideration SB
170 which was tabled.
The Committee on Education respectfully reports that it has had under consideration SB
33 which was deferred to the 36th legislative day.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1008, 1024, 1026, 1043, 1081, 1110, and 1158
and HJR 1002 which have passed the House and your favorable consideration is respectfully
requested.
HCR 1006
:
A CONCURRENT RESOLUTION,
Promoting increased public awareness
and understanding in South Dakota concerning learning disabilities.
Was read the second time.
Sen. Brosz moved that the Senate do concur in HCR 1006 as found on page 179 of the
House Journal.
The question being on Sen. Brosz's motion that the Senate do concur in HCR 1006.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Staggers; Valandra; Vitter; Whiting
Excused were:
Symens
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1006 was concurred in.
Sen. Halverson moved that SB 156 be referred from the Committee on State Affairs to the
Committee on Education.
Which motion prevailed and the bill was so referred.
There being no objection the Senate reverted to Order of Business No. 8.
Sen. Staggers moved that SB 92 be referred from the Committee on Transportation to the
Committee on State Affairs.
Which motion prevailed and the bill was so referred.
SB 53
:
FOR AN ACT ENTITLED, An Act
to require the reporting of criminal
convictions, to provide certain licensing penalties, and to allow certain cooperation in a multi-
state waiver process regarding persons engaged in the insurance business.
Was read the second time.
The question being "Shall SB 53 pass as amended?"
And the roll being called:
Excused were:
Symens
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 70
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
median level of assessment for property tax purposes.
Having had its second reading was up for consideration and final passage.
The question being on Sen. Aker's pending substitute motion to amend SB 70 as found on
page 154 of the Senate Journal.
Sen. Paisley requested a roll call vote.
Which request was supported.
And the roll being called:
Yeas 12, Nays 22, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Drake; Ham; Johnson (William); Kleven; Kloucek; Lange; Lawler;
Staggers; Vitter
Nays were:
Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Everist; Flowers;
Frederick; Hainje; Halverson; Hunhoff; Hutmacher; Morford; Munson (David); Olson; Paisley;
Reedy; Rounds; Shoener; Valandra; Whiting
Excused were:
Symens
The question now being on Sen. Paisley's pending motion to amend SB 70 as found on
page 154 of the Senate Journal.
Sen. Aker requested a roll call vote.
Which request was supported.
And the roll being called:
Yeas 21, Nays 13, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Everist; Flowers; Frederick;
Ham; Kloucek; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Valandra; Whiting
Nays were:
Aker; Benson; Drake; Dunn (Rebecca); Hainje; Halverson; Hunhoff; Hutmacher; Johnson
(William); Kleven; Lange; Lawler; Vitter
Excused were:
Symens
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and SB 70 was so amended.
The question now being "Shall SB 70 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Valandra; Vitter; Whiting
Nays were:
Dunn (Rebecca)
Excused were:
Symens
There being no objection, the Senate reverted to Order of Business No. 10.
SB 195
Introduced by:
Senators Lange, Dunn (Rebecca), Lawler, Morford, Reedy, and
Symens and Representatives Fischer-Clemens, Apa, Duxbury, Waltman, and Weber
FOR AN ACT ENTITLED, An Act
to prohibit advertising of the lottery.
Was read the first time and referred to the Committee on State Affairs.
SB 196
Introduced by:
Senators Lange and Dennert and Representatives Weber, Apa,
Schrempp, and Sperry
FOR AN ACT ENTITLED, An Act
to impose an income tax on interest and dividends and
to provide penalties for the violation thereof.
Was read the first time and referred to the Committee on Taxation.
SB 197
Introduced by:
Senators Daugaard and Everist and Representatives Brown (Jarvis),
Collier, and Gleason
FOR AN ACT ENTITLED, An Act
to provide for the means of changing the venue in
postjudgment divorce, paternity, and separate maintenance actions.
Was read the first time and referred to the Committee on Judiciary.
SB 198
Introduced by:
Senators Daugaard and Everist and Representatives Brown (Jarvis),
Collier, Duniphan, and Gleason
FOR AN ACT ENTITLED, An Act
to provide for the establishment of certain rights and
privileges with regard to mediation proceedings.
Was read the first time and referred to the Committee on Judiciary.
SB 199
Introduced by:
Senators Valandra, Dunn (Rebecca), Hunhoff, Hutmacher, Lange,
and Reedy and Representatives Weber, Chicoine, Davis, Haley, Koetzle, Lee, Lockner, Lucas,
and Volesky
SB 200
Introduced by:
Senators Ham and Everist and Representatives Wick, McNenny,
and Putnam
FOR AN ACT ENTITLED, An Act
to repeal the waiver of academic achievement tests for
special education students.
Was read the first time and referred to the Committee on Education.
SB 201
Introduced by:
Senators Hunhoff, Kloucek, and Paisley and Representatives Lucas,
Haley, Moore, Munson (Donald), and Volesky
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding financial
assurances for mining reclamation.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 202
Introduced by:
Senator Hunhoff and Representative Lucas
FOR AN ACT ENTITLED, An Act
to require additional financial disclosure for lobbyists
and employers of lobbyists.
Was read the first time and referred to the Committee on State Affairs.
SB 203
Introduced by:
Senators Brosz and Vitter and Representatives Roe, Chicoine,
Monroe, and Solum
FOR AN ACT ENTITLED, An Act
to permit municipal power agencies to distribute
electric energy within or without the municipality.
Was read the first time and referred to the Committee on Local Government.
SB 204
Introduced by:
Senators Rounds, Aker, Albers, Frederick, Hainje, Halverson, Ham,
Hunhoff, Kleven, Kloucek, Staggers, and Vitter and Representatives Eccarius, Gabriel, Hunt,
Monroe, and Windhorst
SB 205
Introduced by:
Senators Hainje, Benson, and Vitter and Representatives Jaspers,
Crisp, and Duenwald
FOR AN ACT ENTITLED, An Act
to provide for certain limited term nonresident
waterfowl licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 206
Introduced by:
Senators Kleven, Albers, Drake, Flowers, Hunhoff, Johnson
(William), Rounds, and Vitter and Representatives Pummel, Apa, Duenwald, Duniphan, Hagg,
Jaspers, McNenny, Pederson (Gordon), and Wetz
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the disposition
of seized controlled weapons and firearms.
Was read the first time and referred to the Committee on Judiciary.
SB 207
Introduced by:
Senators Munson (David) and Halverson and Representative
Pederson (Gordon)
FOR AN ACT ENTITLED, An Act
to repeal the subsequent injury fund and to provide
for the administration and reimbursement of any remaining funds.
Was read the first time and referred to the Committee on Commerce.
SB 208
Introduced by:
Senators Flowers, Dennert, Hutmacher, Lange, Morford, and Reedy
and Representatives Haley, Cerny, Chicoine, Crisp, Duxbury, Fischer-Clemens, Kazmerzak,
Koetzle, Lee, Lockner, Lucas, Matthews, Monroe, Munson (Donald), Sperry, Volesky, and
Weber
FOR AN ACT ENTITLED, An Act
to make an appropriation for the operation of the state
fair.
Was read the first time and referred to the Committee on Appropriations.
SB 210
Introduced by:
Senators Drake, Everist, Frederick, and Rounds and Representatives
Cutler and Gabriel
FOR AN ACT ENTITLED, An Act
to revise the distribution of funds from racing, to
transfer funds from the South Dakota racing fund to the Department of Social Services for
domestic and sexual abuse shelter programs and child care programs, and to make an
appropriation therefor.
Was read the first time and referred to the Committee on State Affairs.
SB 211
Introduced by:
Senator Valandra
FOR AN ACT ENTITLED, An Act
to permit the use of freeze brands on horses and mules.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 212
Introduced by:
Senators Kloucek, Lange, Lawler, and Reedy and Representatives
Weber, Cerny, Chicoine, Kazmerzak, Lee, and Lockner
FOR AN ACT ENTITLED, An Act
to revise the apportionment of the petroleum release
compensation and tank inspection fee and to revise the transfer of revenue from the state capital
construction fund.
Was read the first time and referred to the Committee on State Affairs.
SB 213 Introduced by: Senators Kloucek, Flowers, Hutmacher, and Valandra and
Representatives Weber, Chicoine, Collier, Crisp, Fischer-Clemens, Gleason, Kazmerzak, and
Moore
FOR AN ACT ENTITLED, An Act
to establish a comprehensive health association to
provide insurance coverage to eligible persons.
Was read the first time and referred to the Committee on Health and Human Services.
SB 215
Introduced by:
Senator Whiting and Representative Duniphan
FOR AN ACT ENTITLED, An Act
to revise certain provisions fixing the compensation
of certain court appointed counsel and expert witnesses.
Was read the first time and referred to the Committee on Judiciary.
SB 216
Introduced by:
Senator Frederick
FOR AN ACT ENTITLED, An Act
to appropriate money for a permanent sound system
and maintenance and repair at the state fair.
Was read the first time and referred to the Committee on Appropriations.
SB 217
Introduced by:
Senator Frederick
FOR AN ACT ENTITLED, An Act
to continuously appropriate money to the state fair.
Was read the first time and referred to the Committee on Appropriations.
SB 218
Introduced by:
Senator Whiting and Representatives Hunt and Hagg
FOR AN ACT ENTITLED, An Act
to provide for a Limited Liability Company Act.
Was read the first time and referred to the Committee on Judiciary.
SB 219
Introduced by:
Senators Dunn (Jim), Drake, and Hutmacher and Representative
Brooks
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to vested water
rights claims.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 221
Introduced by:
Senators Hutmacher, Hunhoff, and Kloucek and Representatives
Lee, Chicoine, Schrempp, and Waltman
FOR AN ACT ENTITLED, An Act
to establish a moratorium on the construction or
expansion of certain concentrated animal feeding operations.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 222
Introduced by:
Senators Brown (Arnold), Brosz, Ham, Reedy, Shoener, and Vitter
and Representatives Diedrich, Belatti, Johnson (Doug), Monroe, Munson (Donald), Pummel,
and Smidt
FOR AN ACT ENTITLED, An Act
to provide for the liability of certain prisoners confined
to jail for the costs of certain services and confinement and to provide a lien therefor.
Was read the first time and referred to the Committee on Judiciary.
SB 223
Introduced by:
Senators Lawler, Brown (Arnold), Dennert, Hunhoff, Lange,
Morford, Olson, and Staggers and Representatives Hunt, Cutler, Fiegen, Matthews, Sperry, and
Waltman
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding insurance
coverage for and after delivery of a baby.
Was read the first time and referred to the Committee on Commerce.
SB 224
Introduced by:
Senators Hunhoff and Flowers and Representatives Haley, Koetzle,
Lucas, and Volesky
FOR AN ACT ENTITLED, An Act
to establish certain wage requirements for the
recipients of REDI fund loans.
Was read the first time and referred to the Committee on State Affairs.
SB 226
Introduced by:
Senators Staggers, Benson, and Brosz and Representatives Hassard,
Fitzgerald, Johnson (Doug), Madden, Monroe, Weber, and Windhorst
FOR AN ACT ENTITLED, An Act
to permit a crime victim to have access to certain
information about the person arrested for committing the crime.
Was read the first time and referred to the Committee on Judiciary.
SB 227
Introduced by:
The Committee on Health and Human Services at the request of the
Governor
FOR AN ACT ENTITLED, An Act
to require training in parenting skills for persons found
guilty of abusing children.
Was read the first time and referred to the Committee on Health and Human Services.
SB 228
Introduced by:
Senators Hutmacher, Dunn (Rebecca), Lange, Lawler, Paisley,
Reedy, and Whiting and Representatives Fischer-Clemens, Belatti, Collier, Cutler, Duniphan,
Haley, Kazmerzak, Lucas, Sokolow, and Volesky
FOR AN ACT ENTITLED, An Act
to ensure a patient's right to access the patient's own
health information and amend the information under certain circumstances.
Was read the first time and referred to the Committee on Health and Human Services.
SB 229
Introduced by:
Senators Reedy, Aker, Albers, Dunn (Jim), Dunn (Rebecca),
Everist, Hainje, Hutmacher, Lange, Lawler, and Olson and Representatives Fischer-Clemens,
Belatti, Collier, Duniphan, Haley, Jorgensen, Koetzle, and Lucas
FOR AN ACT ENTITLED, An Act
to prohibit insurance discrimination against victims
of domestic violence.
Was read the first time and referred to the Committee on Judiciary.
SB 231
Introduced by:
Senators Reedy, Dunn (Rebecca), Everist, Lange, and Lawler and
Representatives Belatti, Apa, Fischer-Clemens, and Jorgensen
FOR AN ACT ENTITLED, An Act
to require certain persons to take a driving test.
Was read the first time and referred to the Committee on Transportation.
SB 232
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the annual
property tax bill.
Was read the first time and referred to the Committee on State Affairs.
SB 233
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to reduce the property tax levies for general funds of
a school district for the purposes of maintaining the relationship between state aid to general
education and local effort and to provide for a five percent reduction in property taxes for
certain types of property.
Was read the first time and referred to the Committee on State Affairs.
SB 234
Introduced by:
Senators Halverson, Dunn (Jim), Everist, Munson (David), Olson,
Shoener, Valandra, Vitter, and Whiting and Representatives Gabriel, Barker, Broderick, Brown
(Richard), Chicoine, Cutler, Eccarius, Gleason, Hagg, Jorgensen, Matthews, Pederson (Gordon),
and Schaunaman
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the regulation
of telecommunication services.
Was read the first time and referred to the Committee on State Affairs.
SB 235 Introduced by: The Committee on Judiciary at the request of the Governor
SB 236
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding trusts.
Was read the first time and referred to the Committee on Judiciary.
SB 237
Introduced by:
The Committee on Judiciary at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise the grounds for jury challenges for cause.
Was read the first time and referred to the Committee on Judiciary.
SJR 4
Introduced by:
Senators Brown (Arnold), Brosz, Halverson, Ham, Reedy, Shoener,
and Vitter and Representatives Smidt, Belatti, Diedrich, Fitzgerald, Johnson (Doug), Matthews,
McNenny, Monroe, Munson (Donald), and Pummel
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article III, section 6 of the Constitution of the State of South Dakota,
relating to four-year legislative terms and legislative term limits.
Was read the first time and referred to the Committee on State Affairs.
The question being "Shall SB 72 pass?"
And the roll being called:
Nays were:
Lawler; Staggers
Excused were:
Symens
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 82
:
FOR AN ACT ENTITLED, An Act
to prohibit certain deceptive acts and practices
with regard to lodging establishments and campgrounds and to require that certain records be
kept.
Was read the second time.
The question being "Shall SB 82 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson
(William); Kleven; Kloucek; Lange; Lawler; Morford; Munson (David); Olson; Paisley; Reedy;
Rounds; Shoener; Valandra; Vitter; Whiting
Nays were:
Staggers
Excused were:
Symens
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.
Sen. Frederick moved the previous question.
Which motion prevailed.
The question being "Shall SB 85 pass?"
And the roll being called:
Yeas 23, Nays 11, Excused 1, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim);
Flowers; Frederick; Halverson; Ham; Hunhoff; Johnson (William); Kleven; Lawler; Morford;
Reedy; Rounds; Shoener; Staggers; Vitter
Nays were:
Dunn (Rebecca); Everist; Hainje; Hutmacher; Kloucek; Lange; Munson (David); Olson;
Paisley; Valandra; Whiting
Excused were:
Symens
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 96
:
FOR AN ACT ENTITLED, An Act
to prohibit assaults by any person held in a
county or municipal jail or a juvenile detention facility.
Was read the second time.
Sen. Drake requested that Joint Rule 5-17 be invoked on SB 96.
Which request was supported and SB 96 with Sen. Hainje's pending motion to amend was
deferred until Wednesday, January 28, the 12th legislative day
HB 1008
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for using an
absentee ballot.
Was read the first time and referred to the Committee on Local Government.
HB 1024
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
statewide open enrollment of students in public school districts.
Was read the first time and referred to the Committee on Education.
HB 1026
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding crime
victims' compensation.
Was read the first time and referred to the Committee on Judiciary.
HB 1043
:
FOR AN ACT ENTITLED, An Act
to revise the length of time financial
responsibility must be maintained by certain persons to have driving privileges.
Was read the first time and referred to the Committee on Commerce.
HB 1081
:
FOR AN ACT ENTITLED, An Act
to allow certain older motor vehicles with
out-of-state titles to be sold at public auctions under certain conditions.
Was read the first time and referred to the Committee on Transportation.
HB 1110
:
FOR AN ACT ENTITLED, An Act
to authorize increased fees to be charged
by certain Department of Game, Fish and Parks license agents.
HB 1158
:
FOR AN ACT ENTITLED, An Act
to revise the requirements for issuing a
property tax receipt.
Was read the first time and referred to the Committee on Taxation.
HJR 1002
:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election an amendment to Article III, section 3 of the Constitution of the State of South
Dakota, relating to the age qualifications for legislative office.
Was read the first time and referred to the Committee on State Affairs.
Sen. Frederick moved that the Senate do now adjourn, which motion prevailed, and at 4:05
p.m. the Senate adjourned.