The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of
Allegiance led by Senate page Jessica Boehrs.
Roll Call: All members present except Sen. Rebecca Dunn who was excused.
The President introduced Bill Zubke, South Dakota's 2000 Teacher of the Year, who was
escorted to the Chamber by Sen. Brosz, who read the commemoration honoring Mr. Zubke.
The Committee on State Affairs respectfully reports that it has had under consideration SB
130 and 137 which were tabled.
The Committee on State Affairs respectfully reports that it has had under consideration SB
81, 107, 119, 131, and 135 which were deferred to the 36th legislative day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 147
and 149 and HB 1039 and returns the same with the recommendation that said bills do pass and
be placed on the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 139
which was deferred to the 36th legislative day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 42 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1027, 1032, 1034, and 1041 and returns the same with the recommendation
that said bills do pass and be placed on the Consent Calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 106 which was tabled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 90 and returns the same with the recommendation that said bill do pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 120, 126, and 143 which were tabled.
Which motion prevailed.
MADAM PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 127 which was deferred to the 36th legislative day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 47 and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration SB 151 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
Also MADAM PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 22 and 32 and finds the same correctly enrolled.
MADAM PRESIDENT:
I have the honor to return herewith SB 22 and 32 which have passed the House without
change.
I have the honor to transmit herewith HB 1043, 1059, 1074, 1077, 1095, 1136, and 1138
which have passed the House and your favorable consideration is respectfully requested.
SB 44:
FOR AN ACT ENTITLED, An Act to
authorize the Transportation Commission
to promulgate administrative rules regarding access to state highways.
Was read the second time.
The question being "Shall SB 44 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);
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
SB 99:
FOR AN ACT ENTITLED, An Act to
revise the definition of rental vehicle for the
purposes of implementing the excise tax on motor vehicles.
Was read the second time.
The question being "Shall SB 99 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);
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
Excused were:
Dunn (Rebecca)
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 1019:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
workers' compensation managed care plans.
Was read the second time.
The question being "Shall HB 1019 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);
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
HB 1033:
FOR AN ACT ENTITLED, An Act to
define blanket insurance as group health
insurance and to clarify the applicability of certain statutes to blanket policies.
Was read the second time.
The question being "Shall HB 1033 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);
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
Excused were:
Dunn (Rebecca)
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 154:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to
notice to parties in estate litigation.
Having had its second reading was up for consideration and final passage.
Sen. Daugaard moved that SB 154 be placed to follow SB 98 on today's calendar.
Which motion prevailed and the bill was so placed.
SB 75:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
South Dakota Insurance Guaranty Association.
The question being "Shall SB 75 pass as amended?"
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);
Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek;
Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Staggers; Symens; Vitter; Whiting
Excused were:
Dunn (Rebecca); 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.
SB 97:
FOR AN ACT ENTITLED, An Act to
revise the definition of indigent by design
for purposes of county poor relief.
Was read the second time.
The question being "Shall SB 97 pass as amended?"
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);
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
Excused were:
Dunn (Rebecca)
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 103:
FOR AN ACT ENTITLED, An Act to
revise the process and requirements for
changing the form of municipal government.
The question being "Shall SB 103 pass as amended?"
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);
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
Excused were:
Dunn (Rebecca)
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 153:
FOR AN ACT ENTITLED, An Act to
restrict the effect of certain provisions
relating to the illegal sale of alcoholic beverages to underage persons.
Was read the second time.
The question being "Shall SB 153 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim);
Duxbury; Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers;
Symens; Vitter; Whiting
Nays were:
Hainje; Valandra
Excused were:
Dunn (Rebecca)
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.
Sen. Rounds moved that SB 85 be referred to the Committee on State Affairs.
Sen. Flowers moved as a substitute motion that SB 85 be deferred to Wednesday, February
9, the 22nd legislative day.
Sen. Rounds moved that Sen. Flowers' substitute motion be laid on the table.
Which motion prevailed.
The question now being on Sen. Rounds' motion that SB 85 be referred to the Committee
on State Affairs.
Sen. Lawler requested a roll call vote.
Which request was supported.
And the roll being called:
Yeas 22, Nays 12, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist;
Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds;
Shoener; Staggers; Vitter; Whiting
Nays were:
Dennert; Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy;
Symens; Valandra
Excused were:
Dunn (Rebecca)
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried and the bill was so referred.
Sen. Kloucek moved that the Senate revert to Order of Business No. 8, Motions and Resolutions, for the purpose of invoking Joint Rule 7-7.
SB 98:
FOR AN ACT ENTITLED, An Act to
revise the method of taxing a leased motor
vehicle.
Was read the second time.
The question being "Shall SB 98 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; 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
Excused were:
Dunn (Jim); Dunn (Rebecca); 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 154:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to
notice to parties in estate litigation.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 154 pass as amended?"
And the roll being called:
Excused were:
Dunn (Rebecca); 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.
HB 1043:
FOR AN ACT ENTITLED, An Act to
revise, repeal, and reenact certain
provisions pertaining to persons with developmental disabilities.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1059:
FOR AN ACT ENTITLED, An Act to
clarify persons required to report child
abuse or neglect.
Was read the first time and referred to the Committee on Judiciary.
HB 1074:
FOR AN ACT ENTITLED, An Act to
revise municipal special assessment
provisions.
Was read the first time and referred to the Committee on Local Government.
HB 1077:
FOR AN ACT ENTITLED, An Act to
revise the requirements for maintaining
an owner-occupied single-family dwelling classification.
Was read the first time and referred to the Committee on Commerce.
HB 1095:
FOR AN ACT ENTITLED, An Act to
authorize professional corporations,
limited liability companies, or limited liability partnerships owned by certain health care
professionals of more than one profession.
Was read the first time and referred to the Committee on Judiciary.
HB 1138:
FOR AN ACT ENTITLED, An Act to
revise the purposes for which a change
of venue may be granted in an administrative appeal to the circuit court.
Was read the first time and referred to the Committee on Judiciary.
HB 1020:
FOR AN ACT ENTITLED, An Act to
change the procedure in which certain
industry classification codes are assigned to employers for the purposes of unemployment
compensation.
Was read the second time.
The question being "Shall HB 1020 pass?"
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);
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
Excused were:
Dunn (Rebecca)
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 Committee on Taxation respectfully reports that it has had under consideration SB 76
and returns the same with the recommendation that said bill be referred to the Committee on
Appropriations.
The Committee on Taxation respectfully reports that it has had under consideration SB 58
and 82 which were tabled.
The President publicly read the title to
SB 22:
FOR AN ACT ENTITLED, An Act to
modify the driver's license revocation period
for vehicular homicide.
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.
HB 1011:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
circulation of petitions.
And signed the same in the presence of the Senate.
SC 13
Introduced by:
Senators Kloucek, Dennert, Dunn (Rebecca), Duxbury, Flowers,
Hutmacher, Lange, Moore, Olson, Reedy, Staggers, Valandra, Vitter, and Whiting and
Representatives Putnam, Chicoine, Crisp, Davis, Fischer-Clemens, Haley, Hunt, Kazmerzak,
Koehn, Koetzle, Lockner, Lucas, McIntyre, Michels, Munson (Donald), Nachtigal, Patterson,
Sutton (Daniel), Volesky, Waltman, Weber, and Wudel
A LEGISLATIVE COMMEMORATION,
Recognizing and commending the 42nd Annual
Schmeckfest in Freeman, South Dakota.
Sen. Ham moved that the Senate do now adjourn, which motion prevailed, and at 3:25 p.m.
the Senate adjourned.