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 Christopher Thompson.
Roll Call: All members present except Sens. David Munson and Whiting who were
excused.
The Committee on Local Government respectfully reports that it has had under
consideration SB 14, 15, and 16 and returns the same with the recommendation that said bills
do pass.
Sen. Rounds moved that the report of the Joint-Select Committee relative to arrangements
for a Memorial Service as found on page 44 be adopted.
Which motion prevailed and the report was adopted.
Sen. Rounds moved that the report of the Joint-Select Committee relative to a Joint Session
to hear a report presented by the Governor, William J. Janklow, concerning juvenile corrections
and tobacco settlement money as found on page 45 of the Senate Journal be adopted.
The question being on Sen. Rounds' motion that the report of the Joint-Select Committee
relative to a Joint Session to hear a report presented by the Governor, William J. Janklow,
concerning juvenile corrections and tobacco settlement money be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter
Excused were:
Munson (David); Whiting
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Staggers requested that SB 33 be removed from the Consent Calendar.
SB 11:
FOR AN ACT ENTITLED, An Act to
require annual training and testing for
county veterans' service officers and to grant rule-making authority to the Division of Veterans
Affairs.
Was read the second time.
The question being "Shall SB 11 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter
Excused were:
Munson (David); 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 22:
FOR AN ACT ENTITLED, An Act to
modify the driver's license revocation period
for vehicular homicide.
Was read the second time.
Excused were:
Munson (David); 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 9:
FOR AN ACT ENTITLED, An Act to
provide for the extension of certain
definitions relating to tax assessments.
Was read the second time.
The question being "Shall SB 9 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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; Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Valandra; Vitter
Excused were:
Munson (David); 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.
President Pro tempore Halverson now presiding.
SB 1:
FOR AN ACT ENTITLED, An Act to
provide for the judicial jurisdiction of certain
underage consumption offenses.
Was read the second time.
The question being "Shall SB 1 pass?"
And the roll being called:
Yeas 26, Nays 7, Excused 2, Absent and Not Voting 0
Yeas were:
Brown (Arnold); Daugaard; Dennert; Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick;
Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Olson; Paisley;
Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter
Nays were:
Albers; Benson; Bogue; Brosz; Drake; Dunn (Jim); Halverson
Excused were:
Munson (David); 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 8:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
establishment of a separate market value for land in an identifiable region.
Was read the second time.
Sen. Rounds moved that SB 8 be deferred until Wednesday, January 19, the 7th legislative
day.
Which motion prevailed and the bill was so deferred.
There being no objection, the Senate reverted to Order of Business No. 10.
SB 52
Introduced by:
Senators Lange and Brown (Arnold) and Representatives Slaughter
and Sutton (Daniel)
FOR AN ACT ENTITLED, An Act to
revise the composition of local industrial
development corporations.
Was read the first time and referred to the Committee on Local Government.
SB 53
Introduced by:
Senators Symens and Lawler and Representatives Jaspers, Crisp,
Hanson, Kooistra, and Weber
FOR AN ACT ENTITLED, An Act to
clarify the application of the special assessment
procedure used for inundated farmland.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 54
Introduced by:
Senators Lawler, Dunn (Rebecca), Flowers, Lange, Madden, Reedy,
Symens, and Vitter and Representatives Weber, Diedtrich (Elmer), Duenwald, Monroe, Sebert,
and Waltman
FOR AN ACT ENTITLED, An Act to
permit schools to display the Ten Commandants.
Was read the first time and referred to the Committee on State Affairs.
SB 55
Introduced by:
Senators Lawler, Albers, Brosz, Brown (Arnold), Daugaard, Dennert,
Dunn (Rebecca), Flowers, Frederick, Hainje, Ham, Lange, Moore, Munson (David), Olson,
Reedy, Symens, and Whiting and Representatives Broderick, Brooks, Brown (Jarvis), Davis,
Diedtrich (Elmer), Duenwald, Eccarius, Fiegen, Fischer-Clemens, Lockner, Sutton (Duane),
and Waltman
FOR AN ACT ENTITLED, An Act to
revise certain administrative rules with regard to
minimum medication administration training for adjustment training center employees.
Was read the first time and referred to the Committee on Health and Human Services.
SB 56
Introduced by:
Senators Albers and Reedy and Representatives Broderick and
Chicoine
FOR AN ACT ENTITLED, An Act to
allow municipal sewer charges to be based on the
use or consumption of water.
SB 57
Introduced by:
Senators Staggers, Albers, Benson, Dennert, Kleven, Lawler, and
Madden and Representatives Brooks, Peterson, Slaughter, and Weber
FOR AN ACT ENTITLED, An Act to
exempt certain goods and services given without
charge from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 58
Introduced by:
Senators Staggers, Kloucek, and Lange and Representatives Koehn,
Slaughter, and Weber
FOR AN ACT ENTITLED, An Act to
exempt certain goods and services sold on the
Internet from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 59
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Engbrecht
and Hennies
FOR AN ACT ENTITLED, An Act to
clarify certain provisions related to the filing of
student birth certificates.
Was read the first time and referred to the Committee on Education.
SB 60
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Hennies,
Apa, and Engbrecht
FOR AN ACT ENTITLED, An Act to
provide for the revocation of the driving privileges
of certain persons who are under the influence of illegal substances while driving or riding in
a motor vehicle.
Was read the first time and referred to the Committee on Judiciary.
SB 61
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Hennies,
Apa, and Engbrecht
FOR AN ACT ENTITLED, An Act to
revise the elements of the crimes of vehicular
homicide and vehicular battery.
Was read the first time and referred to the Committee on Judiciary.
SB 63
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Hennies
and Engbrecht
FOR AN ACT ENTITLED, An Act to
clarify that the locality in which a person is
apprehended for underage possession or consumption of alcoholic beverages has jurisdiction
over the offense.
Was read the first time and referred to the Committee on Judiciary.
SB 64
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Fitzgerald,
Apa, Engbrecht, and Hennies
FOR AN ACT ENTITLED, An Act to
prohibit the driving of a vehicle after the illegal
consumption of any amount of an illegal controlled drug or substance.
Was read the first time and referred to the Committee on Judiciary.
SB 65
Introduced by:
Senators Flowers, Dunn (Jim), Duxbury, Hutmacher, Lawler,
Madden, Munson (David), Reedy, Rounds, Shoener, Symens, and Vitter and Representatives
Putnam, Cerny, Kazmerzak, Konold, Napoli, Sutton (Duane), and Volesky
FOR AN ACT ENTITLED, An Act to
authorize the Department of Revenue to issue
transporter plates for persons hauling new trailers.
Was read the first time and referred to the Committee on Transportation.
SB 66
Introduced by:
Senators Lawler, Brown (Arnold), Dunn (Rebecca), Lange, Munson
(David), Reedy, and Symens and Representatives Brown (Jarvis), Brown (Richard), Fiegen,
Fischer-Clemens, Hennies, Konold, and Kooistra
FOR AN ACT ENTITLED, An Act to
require all persons to wear a seat belt while in
certain motor vehicles.
Was read the first time and referred to the Committee on State Affairs.
SB 68
Introduced by:
Senators Dunn (Rebecca), Lange, Lawler, Reedy, Symens, and
Valandra and Representatives Engbrecht, Chicoine, Fitzgerald, Lucas, and Patterson
FOR AN ACT ENTITLED, An Act to
reduce the level of blood alcohol that is permitted
to determine if a person is driving under the influence.
Was read the first time and referred to the Committee on Judiciary.
SB 69
Introduced by:
Senators Olson and Rounds and Representatives Sebert, Fischer-
Clemens, and Michels
FOR AN ACT ENTITLED, An Act to
exempt materials used in certain construction
projects outside of the state from the use tax.
Was read the first time and referred to the Committee on Taxation.
SB 70
Introduced by:
Senator Olson and Representatives Fischer-Clemens and Sebert
FOR AN ACT ENTITLED, An Act to
allow motor vehicle ownership to be transferred to
a designated beneficiary in the event that the owner dies.
Was read the first time and referred to the Committee on Judiciary.
SB 71
Introduced by:
Senators Brosz, Everist, Olson, and Reedy and Representatives
Konold, Davis, Duniphan, Lockner, and Solum
FOR AN ACT ENTITLED, An Act to
remove certain restrictions relating to the use of
school buses.
Was read the first time and referred to the Committee on Education.
SB 72
Introduced by:
Senators Brosz, Reedy, and Shoener and Representatives Konold,
Duniphan, Munson (Donald), and Solum
SB 73
Introduced by:
Senators Brosz, Daugaard, Lawler, and Shoener and Representatives
Peterson, Konold, and Solum
FOR AN ACT ENTITLED, An Act to
require insurers to disclose certain provisions with
regard to usual, customary, and reasonable charges.
Was read the first time and referred to the Committee on Commerce.
SB 74
Introduced by:
The Committee on Government Operations and Audit
FOR AN ACT ENTITLED, An Act to
require a report in certain circumstances when an
audit finding reoccurs.
Was read the first time and referred to the Committee on Government Operations and
Audit.
SB 75
Introduced by:
Senators Halverson, Dunn (Jim), Hutmacher, Olson, and Rounds and
Representatives Brown (Richard), Apa, Cutler, Fischer-Clemens, and Haley
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the South
Dakota Insurance Guaranty Association.
Was read the first time and referred to the Committee on State Affairs.
SB 76
Introduced by:
Senators Drake, Benson, Frederick, and Hainje and Representatives
Richter, Klaudt, and Wudel
FOR AN ACT ENTITLED, An Act to
repeal the sales and use tax collection fund.
Was read the first time and referred to the Committee on Taxation.
SJR 3
Introduced by:
Senators Symens, Benson, Brown (Arnold), Duxbury, Flowers, and
Kloucek and Representatives Crisp, Diedrich (Larry), Hanson, and Weber
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XXIX of the Constitution of the State of South Dakota to
authorize the state to own or to participate in the ownership, development, or operation of
agricultural processing facilities.
The question being "Shall SB 21 pass?"
And the roll being called:
Yeas 14, Nays 18, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Daugaard; Dunn (Rebecca); Ham; Kleven; Lange; Madden;
Reedy; Shoener; Valandra; Vitter
Nays were:
Brown (Arnold); Dennert; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje;
Halverson; Hutmacher; Kloucek; Lawler; Moore; Olson; Paisley; Rounds; Staggers; Symens
Excused were:
Drake; Munson (David); Whiting
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Rebecca Dunn announced her intention to reconsider the vote by which SB 21 was
lost.
SB 32:
FOR AN ACT ENTITLED, An Act to
allow parties involved in a human rights
dispute equal access to investigative records in a contested case proceeding after a probable
cause determination.
Was read the second time.
The question being "Shall SB 32 pass?"
And the roll being called:
Excused were:
Drake; Munson (David); 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.
SJR 1:
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next
general election amendments to Article VIII of the Constitution of the State of South Dakota
to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds,
and other financial instruments and to use a certain portion of the interest and income to increase
the principal in the fund.
Was read the second time.
The question being "Shall SJR1 pass?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn
(Rebecca); Duxbury; Everist; Flowers; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens;
Valandra; Vitter
Nays were:
Frederick; Hainje
Excused were:
Drake; Munson (David); Whiting
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
There being no objection the Senate reverted to Order of Business No. 8.
Sen. Jim Dunn moved that SB 53 be referred from the Committee on Agriculture and
Natural Resources to the Committee on Taxation.
Which motion prevailed and the bill was so referred.
There being no objection the Senate reverted to Order of Business No. 5.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 38 and 43 and returns the same with the recommendation that said bills do
pass.
MADAM PRESIDENT:
Your Joint-Select Committee appointed to make arrangements for legislative days
respectfully reports that we recommend the days of the Seventy-fifth Legislative Session be
January 11 through January 15, January 18 through January 21, January 24 through January 28,
January 31 through February 4, February 7 through February 11, February 14 through February
18, February 22 through February 26, and March 14.
Respectfully submitted, Respectfully submitted,
Roger Hunt Harold W. Halverson
Orville Smidt M. Michael Rounds
Pat Haley Mel Olson
House Committee Senate Committee
Sen. Rounds moved that the report of the Joint-Select Committee relative to the
establishment of legislative days for the Seventy-fifth Legislative Session be adopted.
Which motion prevailed and the report was adopted.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of arranging a Joint-Session to hear a report by the
Governor, the Honorable William J. Janklow, concerning the topics of juvenile corrections and
the tobacco settlement money.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of arranging for a memorial recognition of deceased
former members of the House and Senate.
SC 6
Introduced by:
Senators Rounds, Albers, Everist, and Hutmacher and Representatives
Brown (Richard), Chicoine, and Haley
A LEGISLATIVE COMMEMORATION,
Honoring Kate Monson, South Dakota Girls' State
Governor, and Andy T. Wiswall, 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.
outstanding achievement, that appreciation be extended to those adults who donate time and
energy to the program, and that the South Dakota American Legion and Auxiliary be recognized
for their many years of sponsoring and conducting Girls' and Boys' State.
SC 7
Introduced by:
Senator Lange and Representatives Sutton (Daniel) and Slaughter
A LEGISLATIVE COMMEMORATION,
Honoring the outstanding achievements of David
J. Strom in the fields of teaching and public service.
Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at
2:10 p.m. the Senate adjourned.