The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by Senate page Jeffery Tanner.
Roll Call: All members present.
The Committee on Taxation respectfully reports that it has had under consideration HB
1194 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration HB
1293 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 13, 146, 147, 149, and 174 and finds the same
correctly enrolled.
MADAM PRESIDENT:
I have the honor to return herewith SB 13, 146, 147, 149, and 174 which have passed the
House without change.
Also MADAM PRESIDENT:
I have the honor to transmit herewith HB 1056, 1094, 1247, and 1292 which have passed
the House and your favorable consideration is respectfully requested.
SENATE PAGE RESOLUTION 3: Introduced by: Senators 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, and Whiting
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-fifth
Legislature of the State of South Dakota to Brianne Barnett, Abby Bischoff, Trent Blare,
Miriam Clinton, Leif Fixen, Craig Haugaard, Seth Koch, Jennifer Rogers, Susan Rogers,
Kristina Strand, Jeffery Tanner, and Kayla Zirpel.
WHEREAS, the above named served loyally as pages for the Senate of the Seventy-fifth
Legislature; and
WHEREAS, the members of the Seventy-fifth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fifth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each on this last day of service.
Sen. Rounds moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Rounds' motion that Senate Page Resolution 3 be adopted.
A roll call vote was requested and supported.
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.
Sen. Albers requested that HB 1122 be removed from the Consent Calendar.
HB 1015:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to open
enrollment.
Was read the second time.
The question being "Shall HB 1015 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.
The question being "Shall HB 1031 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.
HB 1037:
FOR AN ACT ENTITLED, An Act to
require municipalities to provide
boundary change information to the Department of Revenue to facilitate the development of a
simplified sales tax collection system.
Was read the second time.
The question being "Shall HB 1037 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.
HB 1022:
FOR AN ACT ENTITLED, An Act to
revise and repeal certain hunting,
trapping, and fishing activities, restrictions, and prohibitions, and certain game and fish storage
and transportation requirements, and to provide for a penalty.
Was read the second time.
HB 1025:
FOR AN ACT ENTITLED, An Act to
revise certain definitions relating to
migratory birds, waterfowl, and small game and require certain hunting permits and licenses
when hunting sandhill crane and snipe.
Was read the second time.
The question being "Shall HB 1025 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.
HB 1113:
FOR AN ACT ENTITLED, An Act to
authorize certain evidence in the defense
of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.
Was read the second time.
The question being "Shall HB 1113 pass?"
And the roll being called:
HB 1116:
FOR AN ACT ENTITLED, An Act to
prohibit motor vehicle brokering.
Was read the second time.
The question being "Shall HB 1116 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.
HB 1188:
FOR AN ACT ENTITLED, An Act to
allow the payment of the motor vehicle
excise tax by a person on behalf of the owner.
Was read the second time.
The question being "Shall HB 1188 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
HB 1190:
FOR AN ACT ENTITLED, An Act to
repeal the specific time period that an
insurance agent involved in certain crimes must wait before seeking licensure.
Was read the second time.
The question being "Shall HB 1190 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.
HB 1192:
FOR AN ACT ENTITLED, An Act to
allow law enforcement agencies to report
certain violations of law and threats made by a student.
Was read the second time.
The question being "Shall HB 1192 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.
HB 1198: FOR AN ACT ENTITLED, An Act to revise the definition of a material acquisition or disposition as it pertains to certain insurance disclosure requirements.
The question being "Shall HB 1198 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.
HB 1199:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions relating to
certain transactions between an insurer and an affiliate.
Was read the second time.
The question being "Shall HB 1199 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.
HB 1278:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
method of amending the articles of incorporation of nonprofit corporations.
Was read the second time.
The question being "Shall HB 1278 pass?"
And the roll being called:
HB 1056:
FOR AN ACT ENTITLED, An Act to
establish a workforce development
initiative within the Department of Social Services.
Was read the first time and referred to the Committee on Appropriations.
HB 1094:
FOR AN ACT ENTITLED, An Act to
create the people's trust fund in the state
treasury and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1247:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to
ambulance districts.
Was read the first time and referred to the Committee on Commerce.
HB 1292:
FOR AN ACT ENTITLED, An Act to
appropriate money for repair, cleanup,
and upgrades.
Was read the first time and referred to the Committee on Appropriations.
HB 1040:
FOR AN ACT ENTITLED, An Act to
continue the moratorium on new nursing
facility beds.
Having had its second reading was up for consideration and final passage.
The question now being "Shall HB 1040 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Duxbury;
Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange;
Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens;
Valandra; Vitter; Whiting
Nays were:
Dennert; Moore; 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.
HB 1048:
FOR AN ACT ENTITLED, An Act to
allow the Department of Revenue to grant
a business a statewide sales tax permit.
Was read the second time.
The question being "Shall HB 1048 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; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven;
Lange; Lawler; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers;
Valandra; Vitter; Whiting
Nays were:
Kloucek; Moore; Olson; Symens
HB 1059:
FOR AN ACT ENTITLED, An Act to
clarify persons required to report child
abuse or neglect.
Was read the second time.
The question being "Shall HB 1059 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 (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
Excused were:
Dunn (Jim)
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 1123:
FOR AN ACT ENTITLED, An Act to
revise who may administer oaths and take
proof or acknowledgment.
Was read the second time.
The question being "Shall HB 1123 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; Halverson; Ham; Hutmacher; Kleven;
Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Valandra; Vitter; Whiting
Excused were:
Hainje
HB 1140:
FOR AN ACT ENTITLED, An Act to
provide for the charging of a fee for the
redemption of a tax sale.
Was read the second time.
The question being "Shall HB 1140 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, 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; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener;
Symens; Valandra; Vitter; Whiting
Nays were:
Moore; 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.
HB 1204:
FOR AN ACT ENTITLED, An Act to
allow for the increase of drainage permit
fees.
Was read the second time.
The question being "Shall HB 1204 pass?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0
Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Dunn
(Rebecca); Everist; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Lange; Lawler;
Madden; Munson (David); Olson; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting
Nays were:
Dennert; Duxbury; Flowers; Kloucek; Moore; Staggers
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1109 and 1175 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 HB
1187 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
However, the court may issue an order permitting the person to operate a motor vehicle for
purposes of the person's employment or attendance at school or to court-ordered counseling
programs during the hours of the day and the days of the week set forth in the order. The court
may also restrict the privilege in such manner as it sees fit for a period not to exceed one year.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1207 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Ronald W. Mielke of Minnehaha County, Sioux Falls, South Dakota, as Assistant
Adjutant General, Air, and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said appointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Donald J. Goldhorn of Pennington County, Rapid City, South Dakota, as
Assistant Adjutant General, Army, and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment.
SB 146
:
FOR AN ACT ENTITLED, An Act to
revise certain provisions of the Uniform
Probate Code relating to the annual accounting of the conservator.
SB 147:
FOR AN ACT ENTITLED, An Act to
revise the Uniform Probate Code with
regard to the duties of the court representative.
SB 149:
FOR AN ACT ENTITLED, An Act to
revise the Uniform Probate Code
pertaining to the duties of the personal representative in closing the estate.
SB 174:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
administration of trusts and estates.
And signed the same in the presence of the Senate.
Sen. Dennert moved that the Senate do now adjourn, which motion prevailed, and at
2:03 p.m. the Senate adjourned.