The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of
Allegiance led by Senate page Bethany Foster.
Roll Call: All members present.
In the future, bills that are to be re-referred to a committee will be referred by motion and
voice vote, pursuant to joint rule 6F-3 as found in the Official Directory and Rules of the South
Dakota Legislature.
The Committee on State Affairs respectfully reports that it has had under consideration SJR
2 which was deferred to the 36th legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Rudolph A. Nef of Grant County, Milbank, 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 Judiciary respectfully reports that it has had under consideration SB 48,
60, 61, and 62 and returns the same with the recommendation that said bills do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 45
and returns the same with the recommendation that said bill do pass.
MADAM PRESIDENT:
I have the honor to transmit herewith HB 1029 and 1039 which have passed the House and
your favorable consideration is respectfully requested.
Sen. Hutmacher moved that SB 90 be referred from the Committee on Commerce to the
Committee on Agriculture and Natural Resources.
Which motion prevailed and the bill was so referred.
SCR 1
Introduced by:
Senators Kloucek, Duxbury, Flowers, Hutmacher, Moore, Reedy,
Staggers, Symens, and Valandra and Representatives Chicoine, Burg, Fischer-Clemens, Hunt,
Kazmerzak, Klaudt, Koehn, Kooistra, Lintz, Lockner, Nachtigal, Putnam, Sutton (Daniel),
Sutton (Duane), Waltman, Weber, and Wudel
A CONCURRENT RESOLUTION,
Requesting the federal government to honor certain state
meat inspections in interstate commerce.
The President introduced the March of Dimes State Ambassador, one year old Claire
Ridgway, who was accompanied by her sister, Mariel, brother Jack, and parents Mary Pat and
Tim Ridgway of Sioux Falls. They were escorted to the Chamber by Sen. David Munson.
Sen. Everist moved that SB 114 be referred from the Committee on Judiciary to the
Committee on State Affairs.
Which motion prevailed and the bill was so referred.
SB 103
Introduced by:
Senators Bogue and Dunn (Rebecca) and Representatives
Heineman and Chicoine
FOR AN ACT ENTITLED, An Act to
revise the process and requirements for changing
the form of municipal government.
Was read the first time and referred to the Committee on Local Government.
SB 104
Introduced by:
Senators Frederick, Albers, Benson, Bogue, Brosz, Brown (Arnold),
Daugaard, Dennert, Drake, Dunn (Rebecca), Duxbury, Flowers, Hainje, Ham, Hutmacher,
Kleven, Kloucek, Lange, Lawler, Moore, Olson, Reedy, Shoener, Symens, Valandra, and Vitter
and Representatives Diedrich (Larry), Brown (Jarvis), Burg, Cerny, Chicoine, Crisp, Diedtrich
(Elmer), Duenwald, Engbrecht, Fischer-Clemens, Fitzgerald, Fryslie, Garnos, Hagen, Hanson,
Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, Koehn, Koskan, Lintz, Lockner, Lucas, McCoy,
McIntyre, McNenny, Michels, Monroe, Nachtigal, Pummel, Putnam, Sebert, Slaughter, Smidt,
Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Weber, Wetz, Wilson, Wudel, and Young
SB 105
Introduced by:
Senators Symens, Dennert, Dunn (Jim), Duxbury, and Flowers and
Representatives Jaspers, Burg, Cerny, Crisp, Diedrich (Larry), and Diedtrich (Elmer)
FOR AN ACT ENTITLED, An Act to
exempt certain contract services provided to
agricultural producers by an agent of a parent company through a local contracting entity.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 106
Introduced by:
Senators Kloucek, Lange, and Reedy and Representatives Chicoine,
Burg, Koehn, Lockner, Nachtigal, Waltman, and Weber
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 107
Introduced by:
Senators Kloucek, Flowers, Hutmacher, Olson, and Symens and
Representatives Koehn, Chicoine, Fitzgerald, Hunt, Lockner, Napoli, Sutton (Daniel), and
Waltman
FOR AN ACT ENTITLED, An Act to
revise certain penalties relating to the failure to
make timely payment of certain workers' compensation benefits.
Was read the first time and referred to the Committee on State Affairs.
SB 108
Introduced by:
Senators Staggers and Albers and Representatives Koehn, Klaudt,
Koetzle, and Patterson
FOR AN ACT ENTITLED, An Act to
provide for DNA testing for certain inmates for the
purposes of determining whether they may have been wrongfully convicted.
Was read the first time and referred to the Committee on Judiciary.
SB 109
Introduced by:
Senators Benson, Albers, Bogue, Brown (Arnold), Dunn (Jim),
Frederick, Hainje, Staggers, and Vitter and Representatives Duenwald, Diedrich (Larry),
Fitzgerald, Jaspers, Juhnke, McCoy, Peterson, Putnam, Wetz, and Wudel
SB 110
Introduced by:
Senators Hutmacher and Flowers and Representatives Cerny and
Nachtigal
FOR AN ACT ENTITLED, An Act to
prohibit the placement of certain hazardous or
injurious devices on state lands and to provide penalties therefor.
Was read the first time and referred to the Committee on Judiciary.
SB 111
Introduced by:
Senator Hutmacher and Representative Konold
FOR AN ACT ENTITLED, An Act to
provide that a regulated lender has no duty to
provide information about its customers unless required by legal process.
Was read the first time and referred to the Committee on Judiciary.
SB 112
Introduced by:
Senators Kloucek, Lange, Moore, Reedy, and Symens and
Representatives Chicoine, Kazmerzak, Koehn, Lockner, Nachtigal, Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
establish a minimum agricultural price and supply
management program.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 113
Introduced by:
Senators Kloucek, Flowers, Lange, and Reedy and Representatives
Weber, Burg, Chicoine, Lockner, Nachtigal, Volesky, and Waltman
FOR AN ACT ENTITLED, An Act to
place certain restrictions on the ownership of
livestock feedlots by certain livestock processors.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 114
Introduced by:
Senators Everist, Dunn (Jim), Ham, and Shoener and
Representatives Young, Nachtigal, and Putnam
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Correction or Clarification of
Defamation Act.
SB 115
Introduced by:
Senators Everist, Brosz, Halverson, Ham, Madden, Paisley,
Rounds, Shoener, and Whiting and Representatives Richter, Brown (Jarvis), Crisp, Garnos,
Hunt, Jaspers, Konold, Peterson, Putnam, and Smidt
FOR AN ACT ENTITLED, An Act to
establish a teacher merit pay program and to make
an appropriation therefor.
Was read the first time and referred to the Committee on Education.
SB 116
Introduced by:
Senators Benson, Bogue, and Symens and Representatives Juhnke,
Brown (Jarvis), Duenwald, Klaudt, and Koskan
FOR AN ACT ENTITLED, An Act to
require that firearms be cased and unloaded during
the crossing of certain private lands.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 117
Introduced by:
Senators Staggers, Dennert, Flowers, Lange, Moore, Olson, and
Symens and Representatives Monroe, Diedtrich (Elmer), Fischer-Clemens, Garnos, Klaudt,
Slaughter, and Sutton (Duane)
FOR AN ACT ENTITLED, An Act to
prohibit strip-searches for violations of curfew.
Was read the first time and referred to the Committee on Judiciary.
SB 118
Introduced by:
Senators Kloucek, Dennert, Duxbury, Flowers, Hutmacher, Kleven,
Moore, Reedy, Shoener, Symens, and Valandra and Representatives Koehn, Burg, Cerny,
Chicoine, Hanson, Lockner, Lucas, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Volesky,
Waltman, and Weber
FOR AN ACT ENTITLED, An Act to
prohibit certain vehicle manufacturers from having
an interest in a vehicle dealership.
Was read the first time and referred to the Committee on Transportation.
SB 119
Introduced by:
Senators Kloucek and Lange and Representatives Lockner,
Chicoine, and Diedtrich (Elmer)
FOR AN ACT ENTITLED, An Act to
appropriate tobacco settlement money for certain
hospitals.
SB 120
Introduced by:
Senators Kloucek, Flowers, Lange, Moore, and Valandra and
Representatives Chicoine, Diedtrich (Elmer), Koehn, Lockner, Nachtigal, Volesky, and
Waltman
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the removal of
Game, Fish and Parks commissioners from office.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 121
Introduced by:
Senators Kloucek, Hutmacher, and Lange and Representatives
Nachtigal, Chicoine, Hanson, Kazmerzak, Lockner, Waltman, and Weber
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 122
Introduced by:
Senators Flowers, Madden, Moore, and Vitter and Representatives
Diedrich (Larry), Crisp, Hennies, Kooistra, and Napoli
FOR AN ACT ENTITLED, An Act to
allow the Department of Revenue to cancel a motor
vehicle license and registration if the check used to pay for the motor vehicle's fees is
dishonored, to require the department to reimburse the county treasurer, and to revise the fee
that political subdivisions may charge for dishonored checks.
Was read the first time and referred to the Committee on Taxation.
SB 123
Introduced by:
Senators Albers, Madden, and Vitter and Representatives Apa,
Michels, Brown (Richard), Davis, Engbrecht, Fischer-Clemens, Haley, Hennies, Koetzle,
Lockner, Lucas, and Peterson
FOR AN ACT ENTITLED, An Act to
provide for the denial or revocation of teacher
certification or recertification under certain circumstances.
Was read the first time and referred to the Committee on Education.
SB 124
Introduced by:
Senator Brown (Arnold) and Representative Fiegen
FOR AN ACT ENTITLED, An Act to
revise long-term care provisions.
SB 125
Introduced by:
Senators Kloucek, Hutmacher, Lange, Reedy, and Staggers and
Representatives Weber, Burg, Chicoine, Hanson, Kazmerzak, Koehn, Lockner, Nachtigal,
Patterson, Volesky, and Waltman
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 Agriculture and Natural
Resources.
SB 126
Introduced by:
Senators Symens, Benson, Brown (Arnold), Duxbury, Flowers,
Kloucek, Moore, and Vitter and Representatives Diedrich (Larry), Burg, Crisp, Hanson, Jaspers,
Lintz, and Weber
FOR AN ACT ENTITLED, An Act to
create the Carbon Sequestration Advisory
Committee, to prescribe its duties, and to provide for its financing.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 127
Introduced by:
Senators Symens, Benson, Brown (Arnold), Duxbury, Flowers,
Kloucek, Moore, and Vitter and Representatives Weber, Burg, Crisp, Cutler, Diedrich (Larry),
Hanson, Jaspers, and Lintz
FOR AN ACT ENTITLED, An Act to
establish the South Dakota Agriculture
Commission.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 128
Introduced by:
Senators Lawler, Brosz, Brown (Arnold), Daugaard, Dennert,
Kleven, Lange, Moore, and Rounds and Representatives Sutton (Duane), Davis, Hennies,
McIntyre, Michels, and Waltman
FOR AN ACT ENTITLED, An Act to
make owners of motor vehicles and shippers of
goods responsible for certain overweight vehicle penalties.
Was read the first time and referred to the Committee on Transportation.
SB 130
Introduced by:
Senators Staggers and Kloucek and Representatives Napoli and
Klaudt
FOR AN ACT ENTITLED, An Act to
create a tobacco settlement fund and to replace the
potential loss of inheritance tax revenue.
Was read the first time and referred to the Committee on State Affairs.
SB 131
Introduced by:
Senators Dennert and Lange and Representatives Sutton (Daniel),
Nachtigal, and Weber
FOR AN ACT ENTITLED, An Act to
establish the home-care for the disabled trust fund
and the home-care for the disabled interest trust fund.
Was read the first time and referred to the Committee on State Affairs.
SB 132
Introduced by:
Senators Vitter, Brown (Arnold), Flowers, Hainje, Lawler, Madden,
Moore, and Olson and Representatives Fiegen, Broderick, Duniphan, Fischer-Clemens, Koetzle,
McCoy, Monroe, and Peterson
FOR AN ACT ENTITLED, An Act to
revise the membership of the Board of Dentistry.
Was read the first time and referred to the Committee on Health and Human Services.
SB 133
Introduced by:
Senators Kloucek, Flowers, Hutmacher, Moore, Reedy, and Symens
and Representatives Chicoine, Diedtrich (Elmer), Fischer-Clemens, Hanson, Kazmerzak, Sutton
(Duane), and Weber
FOR AN ACT ENTITLED, An Act to
provide for fair practices in agricultural production
contracts.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 135
Introduced by:
Senator Kloucek
FOR AN ACT ENTITLED, An Act to
provide for the election of the secretary of game,
fish and parks.
Was read the first time and referred to the Committee on State Affairs.
SB 136
Introduced by:
Senators Moore, Albers, and Flowers and Representatives Apa,
Davis, Koskan, and Patterson
FOR AN ACT ENTITLED, An Act to
prohibit certain activities regarding certain imported
cigarettes or tobacco products.
Was read the first time and referred to the Committee on Commerce.
SB 137
Introduced by:
Senator Moore and Representative Brooks
FOR AN ACT ENTITLED, An Act to
create a youth smoking prevention fund to receive
moneys paid to the state under the master settlement agreement with certain tobacco
manufacturers and to provide for grants for qualified youth smoking prevention programs.
Was read the first time and referred to the Committee on State Affairs.
SB 138
Introduced by:
Senators Bogue, Dennert, and Drake and Representatives Wetz,
Duenwald, and McNenny
FOR AN ACT ENTITLED, An Act to
prohibit the use of motor vehicles for hunting,
fishing, or trapping purposes on certain school and public lands.
Was read the first time and referred to the Committee on Judiciary.
SB 139
Introduced by:
Senators Frederick and Drake and Representatives Wudel, Brown
(Jarvis), and Duniphan
SB 140
Introduced by:
Senators Whiting and Moore and Representative Hunt
FOR AN ACT ENTITLED, An Act to
increase certain liquidated court costs for indigent
defense.
Was read the first time and referred to the Committee on Judiciary.
SB 141
Introduced by:
Senators Whiting, Albers, Brosz, Brown (Arnold), Daugaard,
Duxbury, Flowers, Lawler, and Madden and Representatives Michels, Fischer-Clemens, Haley,
Hunt, Lucas, Smidt, and Wilson
FOR AN ACT ENTITLED, An Act to
establish an independent protection and advocacy
entity within the juvenile corrections system.
Was read the first time and referred to the Committee on Judiciary.
SB 142
Introduced by:
Senator Whiting and Representative Fiegen
FOR AN ACT ENTITLED, An Act to
change the penalties for the sale or purchase of
alcoholic beverages involving persons under the age of twenty-one and to provide for the
revocation of driving privileges upon conviction.
Was read the first time and referred to the Committee on Judiciary.
SB 143
Introduced by:
Senators Kloucek, Lange, and Lawler and Representatives Jaspers,
Hanson, Kazmerzak, Lintz, and Nachtigal
FOR AN ACT ENTITLED, An Act to
place a moratorium on the acquisition of property
by the Department of Game, Fish and Parks pending repair of certain state-owned dams.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SJR 4
Introduced by:
Senators Halverson, Hainje, Munson (David), Rounds, and Shoener
and Representatives Peterson, Cutler, Duniphan, and Smidt
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election amendments to Article IV, VIII, XI, and XVIII of the Constitution of the State of South
Dakota, for the purpose of combining the duties and offices of the treasurer and commissioner
of school and public lands into an office of the state treasurer and administrator of public lands.
Was read the first time and referred to the Committee on State Affairs.
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.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 8 pass?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0
Yeas were:
Albers; Brosz; Brown (Arnold); Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers;
Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson
(David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Valandra; Vitter; Whiting
Nays were:
Benson; Bogue; Daugaard; Drake; Everist; Frederick; Hainje; Shoener
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
allow for the additional public distribution
of sex offender information.
Having had its second reading was up for reconsideration and final passage.
Sen. Rebecca Dunn moved that SB 21 be deferred until Thursday, January 20, the 8th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 38:
FOR AN ACT ENTITLED, An Act to
repeal the requirement that the Department
of Human Services establish a training program for interpreters for the deaf.
Was read the second time.
Excused were:
Duxbury; Hainje
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 43:
FOR AN ACT ENTITLED, An Act to
schedule certain controlled substances and
to declare an emergency.
Was read the second time.
The question being "Shall SB 43 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.
There being no objection, the Senate reverted to Order of Business No. 8.
Sen. Jim Dunn moved that SB 120 and SB 125 be referred from the Committee on Agriculture and Natural Resources to the Committee on Taxation.
HB 1029:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
regulation of simulcast racing operations.
Was read the first time and referred to the Committee on State Affairs.
HB 1039:
FOR AN ACT ENTITLED, An Act to
revise certain dates pertaining to
references to the Internal Revenue Code.
Was read the first time and referred to the Committee on Judiciary.
Sen. Paisley moved that the Senate do now adjourn, which motion prevailed, and at
3:08 p.m. the Senate adjourned.