The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Athena Schneider.
Roll Call: All members present except Sen. Halverson who was excused.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Gordon R. Garnos of Codington County, Watertown, South Dakota, to the Career
Service Commission and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Philip G. Killey of Pennington County, Rapid City, South Dakota, as the
Adjutant General, Department of Military and Veterans Affairs, and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of Shane C. Penfield of Perkins County, Lemmon, South Dakota, to the State Board
of Regents and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has under consideration the
nomination of John R. Waltner of Hutchinson County, Freeman, South Dakota, to the South
Dakota Lottery Commission and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
Respectfully Submitted,
M. Michael Rounds, Vice Chair
The Committee on Judiciary respectfully reports that it has had under consideration SB 41
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 70
and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1016, 1018, 1028, 1029, 1037, 1047, 1049, 1052,
1062, 1063, and 1064 which have passed the House and your favorable consideration is
respectfully requested.
SCR 4
Introduced by:
Senators Kloucek, Benson, Dennert, Dunn (Rebecca), Duxbury,
Flowers, Hutmacher, Kleven, Olson, Shoener, Symens, and Vitter and Representatives Weber,
Apa, Brown (Jarvis), Chicoine, Crisp, Duenwald, Engbrecht, Fischer-Clemens, Fryslie, Haley,
Hanson, Kazmerzak, Koehn, Kooistra, Koskan, Lintz, Lockner, Lucas, McIntyre, Munson
(Donald), Nachtigal, Napoli, Patterson, Slaughter, Waltman, Wetz, and Wilson
A CONCURRENT RESOLUTION,
In support of country-of-origin labeling of meat products.
SENATE PAGE RESOLUTION 1: Introduced by: Senators Albers, Benson, Bogue,
Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Duxbury,
Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange,
Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Staggers,
Symens, Valandra, Vitter, and Whiting
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-fourth
Legislature of the State of South Dakota to Tom Anderson, Kerri Hamer, Jessica Madden,
Misty Monnens, Sommerlyn Mortensen, Amy Murphy, Tara Nolte, Athena Schneider, and
Cara Weiler
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fourth
Legislature; and
WHEREAS, the members of the Seventy-fourth 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, by the Senate of the Seventy-fourth
Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified
and furnished to each on this last day of service.
Sen. Rounds moved that Senate Page Resolution 1 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 1 be adopted.
And the roll being called:
Excused were:
Halverson
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Yesterday, Sen. Staggers announced his intention to reconsider the vote by which SB 66
was passed.
Sen. Staggers moved to reconsider the vote by which SB 66 was passed.
The question being on Sen. Staggers' motion to reconsider the vote by which SB 66 was
passed.
And the roll being called:
Yeas 15, Nays 19, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Daugaard; Drake; Dunn (Jim); Flowers; Frederick; Kloucek; Moore;
Paisley; Rounds; Shoener; Staggers; Valandra
Nays were:
Brosz; Brown (Arnold); Dennert; Dunn (Rebecca); Duxbury; Everist; Hainje; Ham; Hutmacher;
Kleven; Lange; Lawler; Madden; Munson (David); Olson; Reedy; Symens; Vitter; Whiting
Excused were:
Halverson
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
SB 93
Introduced by:
Senators Staggers, Frederick, Hutmacher, Lange, Madden, Moore,
and Vitter and Representatives Kooistra, Lockner, Lucas, and McIntyre
FOR AN ACT ENTITLED, An Act to
revise certain exemptions relating to the hauling of
agricultural products or livestock from farms.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 94
Introduced by:
Senators Daugaard, Brosz, Brown (Arnold), Madden, Olson, and
Shoener and Representatives Michels, Broderick, Davis, Diedrich (Larry), Duniphan, Fiegen,
Fischer-Clemens, Fitzgerald, Hennies, McCoy, McIntyre, Peterson, Sebert, and Solum
FOR AN ACT ENTITLED, An Act to
allow certain law enforcement officers or the
Department of Social Services to take photographs, videotapes, or electronic images of a child
if abuse or neglect is suspected.
Was read the first time and referred to the Committee on Judiciary.
SB 95
Introduced by:
Senators Kloucek, Dennert, Hutmacher, and Symens and
Representatives Chicoine, Brown (Jarvis), Crisp, Haley, Koehn, Kooistra, Lucas, Nachtigal,
Waltman, Weber, and Wilson
FOR AN ACT ENTITLED, An Act to
regulate certain livestock packer transactions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 96
Introduced by:
Senators Albers, Benson, Everist, Ham, and Staggers and
Representatives Broderick, Chicoine, Engbrecht, and Weber
FOR AN ACT ENTITLED, An Act to
authorize certain education contracts.
Was read the first time and referred to the Committee on Education.
SB 98
Introduced by:
Senators Shoener, Albers, Daugaard, Lawler, Madden, and Vitter and
Representatives Duniphan, Hagen, Napoli, Roe, and Wetz
FOR AN ACT ENTITLED, An Act to
require a bail bondsperson to be licensed in the state
to conduct bail bondsperson activities in the state.
Was read the first time and referred to the Committee on Commerce.
SB 99
Introduced by:
Senator Symens and Representatives Hanson, Crisp, and Jaspers
FOR AN ACT ENTITLED, An Act to
provide special assessment authority to ambulance
districts and to declare an emergency.
Was read the first time and referred to the Committee on Local Government.
SB 100
Introduced by:
Senators Kloucek, Dennert, Hutmacher, and Staggers and
Representatives Waltman, Chicoine, Crisp, Kazmerzak, Lockner, Nachtigal, Napoli, and Weber
FOR AN ACT ENTITLED, An Act to
exempt the purchase and repair of farm machinery,
farm attachment units, and irrigation equipment from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 101
Introduced by:
Senators Munson (David), Moore, and Staggers and
Representatives Kooistra, Chicoine, and Volesky
FOR AN ACT ENTITLED, An Act to
revise the formula for assigning assessed railroad
valuation to counties.
Was read the first time and referred to the Committee on Transportation.
SB 102
Introduced by:
Senators Brosz, Albers, Lawler, and Moore and Representatives
Broderick, Fryslie, Konold, and Solum
SB 103
Introduced by:
Senators Brosz, Brown (Arnold), Frederick, Reedy, and Shoener
and Representatives Konold, Duniphan, Fryslie, Haley, Munson (Donald), and Solum
FOR AN ACT ENTITLED, An Act to
revise the election procedure for forming a
municipality.
Was read the first time and referred to the Committee on Local Government.
SB 104
Introduced by:
Senators Madden, Ham, Kleven, Lange, Shoener, and Vitter and
Representatives Cutler, Apa, Duenwald, Duniphan, Fitzgerald, Hagen, McCoy, Monroe, Napoli,
and Pummel
FOR AN ACT ENTITLED, An Act to
provide for the assessment of property based on its
acquisition value.
Was read the first time and referred to the Committee on State Affairs.
SB 105
Introduced by:
Senators Flowers, Staggers, and Valandra and Representatives Apa,
Koehn, Lockner, Monroe, and Weber
FOR AN ACT ENTITLED, An Act to
require a waiting period if the voters reject a school
district bond issue.
Was read the first time and referred to the Committee on Local Government.
SB 106
Introduced by:
Senators Hainje, Albers, Ham, Kleven, and Vitter and
Representatives Michels, Duniphan, Fitzgerald, Koetzle, and McNenny
FOR AN ACT ENTITLED, An Act to
increase the penalty for failure to stop for an
emergency vehicle.
Was read the first time and referred to the Committee on Judiciary.
SB 107
Introduced by:
Senators Whiting, Dunn (Jim), Everist, Flowers, Ham, Lawler, and
Moore and Representatives Haley, Brown (Jarvis), Duniphan, Jaspers, Pummel, and Volesky
FOR AN ACT ENTITLED, An Act to
require the Corrections Commission to review any
proposal to establish or increase mandatory minimum sentences.
SB 108
Introduced by:
Senators Madden, Benson, Bogue, Brown (Arnold), Halverson,
Shoener, and Whiting and Representatives Koskan, Apa, Brooks, Duenwald, Duniphan,
Eccarius, Fiegen, Fitzgerald, Hunt, McCoy, McNenny, Monroe, Napoli, Peterson, Pummel,
Putnam, Solum, and Young
FOR AN ACT ENTITLED, An Act to
regulate political contributions from labor
organizations.
Was read the first time and referred to the Committee on State Affairs.
SB 109
Introduced by:
Senators Staggers, Albers, Dennert, Lange, and Reedy and
Representatives Wilson, Chicoine, Hagen, Haley, Hanson, Klaudt, Koetzle, Kooistra, Lucas,
McIntyre, Monroe, Nachtigal, and Waltman
FOR AN ACT ENTITLED, An Act to
provide for the public announcement of capital
punishment execution dates.
Was read the first time and referred to the Committee on Judiciary.
SB 110
Introduced by:
Senator Paisley and Representative Koskan
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the electronic
filing of tax returns and tax payments.
Was read the first time and referred to the Committee on Taxation.
SB 111
Introduced by:
Senators Paisley and Everist and Representatives Koskan, Diedrich
(Larry), and Wilson
FOR AN ACT ENTITLED, An Act to
establish certain provisions regarding the taxation
of the gross receipts of a professional employer organization.
Was read the first time and referred to the Committee on Taxation.
SB 112
Introduced by:
Senators Dunn (Jim), Bogue, Hutmacher, Moore, and Munson
(David) and Representatives Young, Apa, Brooks, Cerny, Diedrich (Larry), Hennies, Hunt,
Klaudt, Michels, Munson (Donald), Nachtigal, and Wetz
FOR AN ACT ENTITLED, An Act to
allow municipalities operating under the
commissioner form of government to determine the frequency of their meetings.
SB 113
Introduced by:
Senators Hutmacher, Lange, Moore, Reedy, and Symens and
Representatives Burg, Cerny, Chicoine, Crisp, Fischer-Clemens, Haley, Hanson, Kazmerzak,
Koetzle, McIntyre, Nachtigal, Sutton (Daniel), and Waltman
FOR AN ACT ENTITLED, An Act to
require the sale of oxygenated gasoline and to revise
certain provisions related to ethanol.
Was read the first time and referred to the Committee on Commerce.
SB 114
Introduced by:
Senator Daugaard and Representative Brown (Jarvis)
FOR AN ACT ENTITLED, An Act to
provide for the termination of the decedent's interest
in the joint tenancy of a surviving spouse by an interested party under certain circumstances.
Was read the first time and referred to the Committee on Judiciary.
SJR 2
Introduced by:
Senators Madden, Ham, Kleven, Lange, Shoener, and Vitter and
Representatives Cutler, Apa, Duenwald, Duniphan, Fitzgerald, Hagen, McCoy, Monroe, Napoli,
and Pummel
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XI, section 2 of the Constitution of the State of South Dakota,
relating to the method used to assess the value of property.
Was read the first time and referred to the Committee on State Affairs.
Sen. David Munson requested that SB 60 be removed from the Consent Calendar.
SB 15:
FOR AN ACT ENTITLED, An Act to
exempt inmate matters from certain
contested case, rule making, and declaratory ruling processes.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 15 pass?"
Nays were:
Drake; Dunn (Rebecca); Everist; Frederick; Hainje; Kloucek; Symens; Valandra
Excused were:
Benson; Halverson
So the bill having received an affirmative vote of a majority of the members present, the
President declared the bill passed and the title was agreed to.
SB 2:
FOR AN ACT ENTITLED, An Act to
provide for the recovery of certain expenses
in an action brought by an appellant relative to the assessment, allocation, or distribution of
centrally assessed property.
Was read the second time.
Sen. Brosz moved that SB 2 be referred to the Committee on Taxation.
Sen. Olson requested a roll call vote.
Which request was suppported.
The question being on Sen. Brosz's motion that SB 2 be referred to the Committee on
Taxation.
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Ham; Kleven; Madden; Moore; Paisley; Rounds; Shoener; Vitter; Whiting
Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Munson
(David); Olson; Reedy; Staggers; Symens; Valandra
SB 28:
FOR AN ACT ENTITLED, An Act to
establish escrow funds to pay claims brought
against tobacco product manufacturers.
Was read the second time.
The question being "Shall SB 28 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Symens; Valandra; Vitter; Whiting
Nays were:
Staggers
Excused were:
Halverson
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 1016:
FOR AN ACT ENTITLED, An Act to
revise the procedure for school district
elections involving tie votes or request for recount.
Was read the first time and referred to the Committee on Local Government.
HB 1018:
FOR AN ACT ENTITLED, An Act to
allow the precinct superintendent to
assign duties to the members of an election board and to consolidate the position of judge and
clerk.
Was read the first time and referred to the Committee on Local Government.
HB 1029:
FOR AN ACT ENTITLED, An Act to
repeal the definition for a rural primary
care hospital and to provide for a definition of a critical access hospital.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1037:
FOR AN ACT ENTITLED, An Act to
revise certain motor carrier regulations
and to increase motor carrier eligibility for single trip permits.
Was read the first time and referred to the Committee on Transportation.
HB 1047:
FOR AN ACT ENTITLED, An Act to
grant state-chartered banks powers
allowed federally chartered banks under certain conditions.
Was read the first time and referred to the Committee on Commerce.
HB 1049:
FOR AN ACT ENTITLED, An Act to
require certain specifications and
tolerances for weights and measures established by administrative rule to be in conformance
with updated national standards.
Was read the first time and referred to the Committee on Commerce.
HB 1052:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
accident record fees.
Was read the first time and referred to the Committee on Transportation.
HB 1062:
FOR AN ACT ENTITLED, An Act to
revise the duties of magistrate judges.
Was read the first time and referred to the Committee on Judiciary.
HB 1063:
FOR AN ACT ENTITLED, An Act to
authorize the courts to suspend driving
privileges for persons convicted of driving or physical control of a motor vehicle while under
age twenty-one and under the influence of alcohol or controlled substances and to permit the
granting of certain restricted driving privileges for such persons.
Was read the first time and referred to the Committee on Judiciary.
Sen. Arnold Brown moved that the Senate do now adjourn, which motion prevailed, and
at 1:50 p.m. the Senate adjourned.