The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, The Reverend Linda Logan, followed by the
Pledge of Allegiance led by Senate page Tiffany Larson.
Roll Call: All members present except Sen. Symens who was excused.
Pages: Amy Benning, Sherry Butt, Stephanie Dummann, Laura Jarding, Anna Kerner,
Tiffany Larson, Jeffrey Roby, Justin Stephens, Lindsey Wagner, Monica Witcher, and Laura
Zoss;
Assistant Sergeant-at-Arms: Rollie Benson.
Which were subscribed to and placed on file in the office of the Secretary of State.
The President introduced the Easter Seal Family of the Year members, Terry and Laurie
Goehring and son Randy Routier, Buffalo, who were escorted to the rostrum by Sen. Bogue.
The Senate proceeded to the consideration of the executive appointment of Shane C.
Penfield, Perkins County, Lemmon, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive appointment of
Shane C. Penfield pursuant to the executive message as found on page 31 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Valandra; Vitter; Whiting
Excused were:
Symens
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
Excused were:
Symens
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 Gordon R.
Garnos, Codington County, Watertown, South Dakota, to the Career Service Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Gordon R. Garnos pursuant to the executive message as found on page 32 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Valandra; Vitter; Whiting
Excused were:
Symens
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
Excused were:
Symens
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 24 and finds the same correctly enrolled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
90 and HB 1034 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SB
86 which was deferred to the 41st legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 94
and returns the same with the recommendation that said bill do pass.
MADAM PRESIDENT:
I have the honor to return herewith SB 24 which has passed the House without change.
I have the honor to transmit herewith HB 1022, 1041, 1059, and 1061 which have passed
the House and your favorable consideration is respectfully requested.
SCR 5
Introduced by:
Senators Rounds, Benson, and Drake and Representatives Monroe,
Garnos, Juhnke, and Koskan
A CONCURRENT RESOLUTION,
Supporting the designation of a portion of US Highway
83 as the VFW Memorial Highway.
Was read the first time and referred to the Committee on State Affairs.
Sen. Shoener moved that SB 74 be referred from the Committee on Commerce to the
Committee on Health and Human Services.
Which motion prevailed and the bill was so referred.
The President publicly read the title to
SB 24:
FOR AN ACT ENTITLED, An Act to
exempt certain contracting school districts
from the requirement to reorganize.
And signed the same in the presence of the Senate.
SB 115
Introduced by:
Senators Dennert, Lange, and Moore and Representatives Cutler,
Hunt, Lucas, Sutton (Daniel), Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
require a landowner to apply to the director of
equalization and to request the use of the marshland soils rating classification to value certain
agricultural land.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 116
Introduced by:
Senators Lange, Dennert, Duxbury, Hutmacher, Reedy, and
Staggers and Representatives Apa, Burg, Chicoine, Crisp, Engbrecht, Fischer-Clemens, Hagen,
Hanson, Kazmerzak, Klaudt, McIntyre, Patterson, Slaughter, Sutton (Daniel), Waltman, and
Weber
FOR AN ACT ENTITLED, An Act to
provide for a refund of certain taxes attributed to
the construction of a new or expanded school district facility.
Was read the first time and referred to the Committee on Taxation.
SB 118
Introduced by:
Senators Lange, Benson, Bogue, Staggers, and Symens and
Representatives Napoli, Brown (Jarvis), Burg, Crisp, Hanson, Jaspers, Klaudt, McIntyre,
Nachtigal, and Weber
FOR AN ACT ENTITLED, An Act to
require payment by the Department of Game, Fish
and Parks of certain motor vehicle insurance deductibles resulting from collisions with deer or
other big game animals.
Was read the first time and referred to the Committee on State Affairs.
SB 119
Introduced by:
Senators Lange, Dennert, Duxbury, Hutmacher, Moore, and
Staggers and Representatives Engbrecht, Apa, Burg, Chicoine, Crisp, Fischer-Clemens, Haley,
Hanson, Juhnke, Kazmerzak, Koetzle, McIntyre, Nachtigal, Patterson, Sutton (Daniel),
Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
exempt repair services performed on 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 120
Introduced by:
Senators Olson, Benson, Daugaard, Dennert, and Symens and
Representatives Jaspers, Burg, Chicoine, Crisp, Fischer-Clemens, Fryslie, Haley, Kazmerzak,
Nachtigal, Patterson, and Waltman
FOR AN ACT ENTITLED, An Act to
authorize REDI fund loans for certain value-added
agricultural projects and activities.
Was read the first time and referred to the Committee on State Affairs.
SB 121
Introduced by:
Senators Staggers, Benson, Dennert, Dunn (Rebecca), Flowers,
Kleven, Lange, Madden, and Reedy and Representatives Windhorst, Apa, Brown (Jarvis),
Chicoine, Davis, Duenwald, Fischer-Clemens, Fryslie, Garnos, Hagen, Hanson, Juhnke,
Kazmerzak, Klaudt, Kooistra, Lockner, McCoy, McIntyre, Michels, Monroe, Nachtigal,
Slaughter, Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
increase certain inheritance tax exemptions.
SB 122
Introduced by:
Senators Kloucek, Paisley, and Reedy and Representatives Lucas,
Chicoine, and Weber
FOR AN ACT ENTITLED, An Act to
appropriate certain sales and use taxes imposed on
the collection and disposal of solid waste to the water and environment fund.
Was read the first time and referred to the Committee on Taxation.
SB 123
Introduced by:
Senators Kloucek, Dennert, Duxbury, Flowers, Hutmacher, Moore,
Staggers, and Symens and Representatives Chicoine, Brown (Jarvis), Burg, Cerny, Crisp,
Fischer-Clemens, Fryslie, Haley, Hanson, Kazmerzak, Koehn, Lockner, Lucas, Nachtigal,
Napoli, Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
exempt the gross receipts from veterinarian
services, animal specialty services, livestock semen, certain transportation services, certain
auctions, and newspaper subscriptions from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 124
Introduced by:
Senators Kloucek and Lange and Representatives Chicoine,
Fischer-Clemens, Koehn, Kooistra, Lockner, Putnam, Waltman, Weber, Windhorst, and Wudel
FOR AN ACT ENTITLED, An Act to
permit the Department of Transportation to require
reflective tape on railroad cars.
Was read the first time and referred to the Committee on Transportation.
SB 125
Introduced by:
Senators Kloucek, Dennert, Flowers, Lange, Lawler, Paisley, and
Reedy and Representatives Koetzle, Cerny, Fischer-Clemens, Kazmerzak, Lucas, Patterson,
Weber, and Wilson
FOR AN ACT ENTITLED, An Act to
permit the use of home detention programs for
certain nonviolent offenders.
Was read the first time and referred to the Committee on Judiciary.
SB 126
Introduced by:
Senators Lawler, Dennert, Hainje, and Munson (David) and
Representatives Cutler, Diedtrich (Elmer), Fischer-Clemens, Hennies, Sutton (Duane), and
Waltman
SB 127
Introduced by:
Senators Everist and Lawler and Representatives Michels, Haley,
Hunt, Solum, and Wilson
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the financial
arrangements school districts may have with the Health and Educational Facilities Authority.
Was read the first time and referred to the Committee on Education.
SB 128
Introduced by:
Senators Vitter, Albers, Ham, and Madden and Representatives
Hennies, Duniphan, Jaspers, and Lintz
FOR AN ACT ENTITLED, An Act to
criminalize the possession of certain contraband in
juvenile correctional facilities and the delivery of certain contraband to juvenile correctional
facilities.
Was read the first time and referred to the Committee on Judiciary.
SB 129
Introduced by:
Senators Lange, Benson, Dennert, Duxbury, Hutmacher, Moore,
Staggers, and Symens and Representatives Weber, Brown (Jarvis), Burg, Chicoine, Clark,
Engbrecht, Fischer-Clemens, Haley, Hanson, Jaspers, Juhnke, Klaudt, Koetzle, Kooistra, Lintz,
McIntyre, Nachtigal, Patterson, Sutton (Daniel), and Waltman
FOR AN ACT ENTITLED, An Act to
increase the amount exempt from taxation for
agricultural structures.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 130
Introduced by:
Senators Whiting, Albers, Brosz, Drake, and Staggers and
Representatives Hennies, Duniphan, Fitzgerald, McCoy, and Wilson
FOR AN ACT ENTITLED, An Act to
revise and expand certain provisions relating to
third offense assault.
Was read the first time and referred to the Committee on Judiciary.
SB 131 Introduced by: Senators Whiting, Albers, Brosz, Drake, Flowers, Madden, and Staggers and Representatives Hennies, Duniphan, Fitzgerald, McCoy, Napoli, and Wilson
SB 132
Introduced by:
Senators Shoener, Dennert, Duxbury, Munson (David), Rounds,
and Symens and Representatives Roe, Broderick, Chicoine, Davis, Duniphan, and Hagen
FOR AN ACT ENTITLED, An Act to
increase certain inheritance tax exemptions for
lineal issue.
Was read the first time and referred to the Committee on State Affairs.
SB 133
Introduced by:
Senators Hutmacher and Olson and Representatives Kooistra,
Cerny, and Nachtigal
FOR AN ACT ENTITLED, An Act to
establish certain requirements regarding extended
warranties for motor vehicles.
Was read the first time and referred to the Committee on Transportation.
SB 70:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to fees and
mileage for witnesses.
Was read the second time.
The question being "Shall SB 70 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Valandra; Vitter; Whiting
Excused were:
Bogue; Frederick; Symens
SB 1:
FOR AN ACT ENTITLED, An Act to
revise the procedure for the valuation of
agricultural land.
Having had its second reading was up for consideration and final passage.
"
Section 1. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as
follows:
Sen. Daugaard moved that the word "other" be inserted after "valuing" in Sen. Olson's
amendment.
Which motion prevailed.
The question being "Shall Sen. Olson's amendment be adopted as amended?"
Which motion prevailed and the bill was so amended.
The question now being "Shall SB 1 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.
The question being on the title.
Sen. Olson moved that the title to SB 1 be amended as follows:
SB 60:
FOR AN ACT ENTITLED, An Act to
establish certain criteria for the state trunk
highway system.
Was read the second time.
Sen. David Munson moved that SB 60 be deferred until Wednesday, January 27, the 12th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 40:
FOR AN ACT ENTITLED, An Act to
establish certain prohibitions on use of
temporary thirty-day snowmobile and boat license permits and to provide for a penalty thereof.
Was read the second time.
The question being "Shall SB 40 pass as amended?"
And the roll being called:
Nays were:
Bogue; Kloucek; 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 41:
FOR AN ACT ENTITLED, An Act to
revise and repeal certain provisions
requiring court appearances for violations of game, fish and parks statutes.
Was read the second time.
The question being "Shall SB 41 pass?"
And the roll being called:
Yeas 34, Nays 0, 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Valandra; Vitter; 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 50:
FOR AN ACT ENTITLED, An Act to
establish standards for the advertisement,
solicitation, and sale of life and health insurance.
Was read the second time.
The question being "Shall SB 50 pass as amended?"
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.
HB 1022:
FOR AN ACT ENTITLED, An Act to
provide for an extension of the period of
imprisonment as a condition for probation or suspension of sentence.
Was read the first time and referred to the Committee on Judiciary.
HB 1041:
FOR AN ACT ENTITLED, An Act to
remove the annual renewal requirements
for a resident small game or resident fishing license for certain qualified persons.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1059:
FOR AN ACT ENTITLED, An Act to
provide a procedure for assigning certain
staggered terms for the elected board members of an improvement district.
Was read the first time and referred to the Committee on Local Government.
HB 1061:
FOR AN ACT ENTITLED, An Act to
revise the provisions exempting certain
persons from service as jurors.
Was read the first time and referred to the Committee on Judiciary.