The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of
Allegiance led by Senate page Amy Murphy.
Roll Call: All members present.
The Senate proceeded to the consideration of the executive appointment of Ray W.
Christensen, Minnehaha County, Sioux Falls, South Dakota, as the Secretary of the Department
of Education.
The question being "Does the Senate advise and consent to the executive appointment of
Ray W. Christensen pursuant to the executive message as found on page 30 of the Senate
Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Dean P.
Sorenson, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of
Directors of Educational Telecommunications.
The question being "Does the Senate advise and consent to the executive appointment of
Dean P. Sorenson pursuant to the executive message as found on page 30 of the Senate
Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Committee on Judiciary respectfully reports that it has had under consideration SB 19,
30 and 31 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 65
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 29
which was deferred to the 41st legislative day.
The Committee on Taxation respectfully reports that it has had under consideration SB 1
and 67 and returns the same with the recommendation that said bills do pass.
" Section 1. The sixth judicial circuit court may award disbursements, including attorneys' fees, in an action brought to court pursuant to chapter 10-38 relative to the assessment, allocation, or distribution of property if the appellant does not prevail in its appeal of the property assessment, allocation, or distribution.
"
Section 1. The sixth judicial circuit court may award disbursements, including attorneys'
fees, in an action brought to court pursuant to chapter 10-38 against any appellant relative to the
assessment, allocation, equalization, or distribution of property if the appellant does not prevail
in its appeal of the property assessment, allocation, equalization, or distribution.
Section 2. On motion, the Supreme Court may award reasonable attorneys' fees in an action
brought to the Supreme Court pursuant to chapter 10-38 against any appellant relative to the
assessment, allocation, equalization, or distribution of property if the appellant does not prevail
in its appeal of the property assessment, allocation, equalization, or distribution. The motion
shall be accompanied by counsel's verified itemized statement of costs incurred and legal
services rendered. No award for attorney's fees may be made for or against the State of South
Dakota in the Supreme Court.
"
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 66 and returns the same with the recommendation that said bill do pass.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1027, 1034, and 1036 which have passed the
House and your favorable consideration is respectfully requested.
Was read the second time.
Sen. Reedy moved that SCR 2 as found on page 14 of the Senate Journal be adopted.
The question being on Sen. Reedy's motion that SCR 2 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
SJR 1
Introduced by:
Senators Staggers, Benson, Dennert, Dunn (Rebecca), Duxbury,
Flowers, Madden, and Reedy and Representatives Duenwald, Apa, Cerny, Davis, Fischer-
Clemens, Fryslie, Klaudt, Kooistra, McCoy, Napoli, Slaughter, Sutton (Daniel), Waltman, and
Windhorst
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XI of the Constitution of the State of South Dakota to prohibit
the taxation of inheritances.
Was read the first time and referred to the Committee on State Affairs.
SB 75
Introduced by:
Senators Daugaard, Halverson, Olson, and Shoener and
Representatives Roe, Fischer-Clemens, Michels, and Peterson
FOR AN ACT ENTITLED, An Act to
establish an insurance fraud unit within the Division
of Insurance to investigate and prosecute insurance fraud.
Was read the first time and referred to the Committee on Commerce.
SB 35:
FOR AN ACT ENTITLED, An Act to
revise the requirements for updating the
master registration list.
Was read the second time.
The question being "Shall SB 35 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; 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 36:
FOR AN ACT ENTITLED, An Act to
permit the Public Utilities Commission to
measure grain at the request of the operator of a public grain warehouse.
Was read the second time.
SB 51:
FOR AN ACT ENTITLED, An Act to
apply certain uniform tax administration
procedure hearings to the regulation of vehicle dealers.
Was read the second time.
The question being "Shall SB 51 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; 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 7:
FOR AN ACT ENTITLED, An Act to
establish the county road and bridge fund.
Was read the second time.
"
Section 6. The effective date of this Act is January 1, 2000.
"
Which motion prevailed and the bill was so amended.
The question being "Shall SB 7 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; 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 20:
FOR AN ACT ENTITLED, An Act to
provide for court-ordered restitution at the
time a defendant is sentenced to the state penitentiary.
Was read the second time.
The question being "Shall SB 20 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; 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 21:
FOR AN ACT ENTITLED, An Act to
specify the responsible party for inmate
transportation to court-ordered hearings.
Was read the second time.
SB 22:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to vital
records.
Was read the second time.
The question being "Shall SB 22 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; 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 32:
FOR AN ACT ENTITLED, An Act to
revise certain procedures concerning the
contents, data, and form of a municipal initiative and referendum and to provide certain rule-
making authority.
Was read the second time.
Sen. Ham moved that SB 32 be deferred until Thursday, January 21, the 8th legislative day.
Which motion prevailed and the bill was so deferred.
The question being "Shall SB 33 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Nays were:
Drake; Duxbury; Kloucek; Staggers
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 34:
FOR AN ACT ENTITLED, An Act to
revise certain requirements concerning the
certificate for nomination and to provide certain rule-making authority.
Was read the second time.
The question being "Shall SB 34 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Staggers
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 39 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
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 47:
FOR AN ACT ENTITLED, An Act to
revise the renewal fees for physicians,
physician assistants, physical therapists, physical therapist assistants, medical corporations, and
physician assistant corporations.
Was read the second time.
The question being "Shall SB 47 pass?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange;
Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Nays were:
Flowers; Kloucek; Moore; 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.
SB 56: FOR AN ACT ENTITLED, An Act to revise the definition of a qualified mental health professional.
The question being "Shall SB 56 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange;
Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter;
Whiting
Nays were:
Everist; Flowers; Lawler; Moore; Olson
Excused were:
Valandra
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 1027:
FOR AN ACT ENTITLED, An Act to
increase the maximum benefits payable
under the crime victims' compensation program.
Was read the first time and referred to the Committee on Judiciary.
HB 1034:
FOR AN ACT ENTITLED, An Act to
exempt the purchasing of natural gas
from certain competitive bid requirements.
Was read the first time and referred to the Committee on State Affairs.
HB 1036:
FOR AN ACT ENTITLED, An Act to
permit the State of South Dakota to waive
bid security on bids for public improvements under certain circumstances.
Was read the first time and referred to the Committee on State Affairs.
SC 3
Introduced by:
Senators Rounds, Brosz, Hutmacher, and Kleven and Representatives
Cutler, Haley, Konold, McNenny, Pummel, and Solum
A LEGISLATIVE COMMEMORATION,
Honoring Joy Freed, South Dakota Girls' State
Governor, and Nathan Eiler, South Dakota Boys' State Governor, and commending the
South Dakota American Legion and Auxiliary for their sponsorship and coordination of
the Girls' State and Boys' State programs.
Sen. Madden moved that the Senate do now adjourn, which motion prevailed, and at 3:10
p.m. the Senate adjourned.