The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge
of Allegiance led by Senate page Kristina Sackmann.
Roll Call: All members present except Sen. Gillespie who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Glenda
Woodburn, Hughes County, Pierre, South Dakota, to the South Dakota Board of Directors for
Educational Telecommunications.
This reappointment is effective immediately, and shall continue until June 30, 2012.
July 20, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Larry Miller,
Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for
Educational Telecommunications.
This reappointment is effective immediately, and shall continue until June 30, 2012.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Kay Jorgensen,
Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for
Educational Telecommunications.
This reappointment is effective immediately, and shall continue until June 30, 2012.
July 20, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Mark Shlanta,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for
Educational Telecommunications.
This reappointment is effective immediately, and shall continue until June 30, 2012.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Rick Knobe,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for
Educational Telecommunications.
This reappointment is effective immediately, and shall continue until June 30, 2012.
July 21, 2009
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your
consent, I have the honor to inform you that I have reappointed Mr. Timothy Reisch, Miner
County, Howard, South Dakota, to the position of Secretary of the Department of Corrections.
This reappointment was effective April 24, 2009.
The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and
subject to your consent, I have the honor to inform you that I have appointed Wayne M. Shanks,
Minnehaha County, Colton, South Dakota, as the Assistant Adjutant General, Air.
This appointment is effective April 1, 2010.
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 and
be placed on the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB 30
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 28
and 29 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
The Committee on Taxation respectfully reports that it has had under consideration
SB 31 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Transportation respectfully reports that it has had under consideration
SB 16 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 17, 34, and 36 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 61 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 58 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
the nomination of Gordon Garnos of Codington County, Watertown, South Dakota, to the
Career Service Commission and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
the nomination of Dennis Haan of Pennington County, Rapid City, South Dakota, to the South
Dakota Building Authority and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
the nomination of Joe Lien of Lawrence County, Spearfish, South Dakota, to the South Dakota
Building Authority and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
the nomination of Brent Dykstra of Stanley County, Fort Pierre, South Dakota, to the Housing
Development Authority and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
the nomination of Kurt Pfeifle of Hand County, Miller, South Dakota, to the Housing
Development Authority 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
SB 59 which was tabled.
I have the honor to transmit herewith HCR 1002 and 1003 which have been adopted by the
House and your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1020, 1022, 1023, and 1049 which have passed
the House and your favorable consideration is respectfully requested.
HCR 1002: A CONCURRENT RESOLUTION, Requesting federal natural resource
agencies to refrain from designating wilderness or roadless areas in South Dakota without
Legislative approval.
Was read the first time, the President waived the referral to committee, and placed
HCR 1002 on the calendar of Thursday, January 21, the 7th legislative day.
HCR 1003: A CONCURRENT RESOLUTION, Supporting the reintroduction of horse
slaughter and processing operations in the United States.
Was read the first time, the President waived the referral to committee, and placed
HCR 1003 on the calendar of Thursday, January 21, the 7th legislative day.
Sen. Knudson moved that the reports of the Standing Committees on
Education on SB 24 as found on page 77 of the Senate Journal; also
Commerce on SB 57 as found on page 76 of the Senate Journal; also
Commerce on SB 60 as found on page 76 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of David R.
Nelson of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.
The question being Does the Senate advise and consent to the executive appointment of
David R. Nelson pursuant to the executive message as found on page 4 of the Senate Journal?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
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 reappointment of Teresa Marts
of Tripp County, Winner, South Dakota, to the South Dakota Crime Victims' Compensation
Commission.
The question being Does the Senate advise and consent to the executive reappointment
of Teresa Marts pursuant to the executive message as found on page 40 of the Senate Journal?
And the roll being called:
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Glenna
Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education.
The question being Does the Senate advise and consent to the executive reappointment
of Glenna Fouberg pursuant to the executive message as found on page 33 of the Senate
Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen
(Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad;
Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Abdallah; Gillespie
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Marilyn Hoyt
of Beadle County, Huron, South Dakota, to the South Dakota Board of Education.
The question being Does the Senate advise and consent to the executive reappointment
of Marilyn Hoyt pursuant to the executive message as found on page 34 of the Senate Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Abdallah; Gillespie
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Dean
Krogman of Brookings County, Brookings, South Dakota, to the South Dakota Board of
Regents.
The question being Does the Senate advise and consent to the executive reappointment
of Dean Krogman pursuant to the executive message as found on page 37 of the Senate
Journal?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen
(Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad;
Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Abdallah; Gillespie
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Carole
Pagones of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of
Regents.
The question being Does the Senate advise and consent to the executive reappointment
of Carole Pagones pursuant to the executive message as found on page 38 of the Senate
Journal?
And the roll being called:
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie; Gray
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Randy Schaefer
of Lake County, Madison, South Dakota, to the South Dakota Board of Regents.
The question being Does the Senate advise and consent to the executive appointment of
Randy Schaefer pursuant to the executive message as found on page 38 of the Senate Journal?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
SB 67 Introduced by: Senators Knudson and Heidepriem and Representatives Faehn and
Hunhoff (Bernie)
FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund
of a school district.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to update certain references to the building code.
Was read the first time and referred to the Committee on Commerce.
SB 69 Introduced by: The Committee on Health and Human Services at the request of the
Office of the Governor
FOR AN ACT ENTITLED, An Act to authorize certain exceptions to the nursing facility
moratorium.
Was read the first time and referred to the Committee on Health and Human Services.
SB 70 Introduced by: Senators Jerstad, Hansen (Tom), Hanson (Gary), Merchant, Miles,
Nesselhuf, Peterson, Tieszen, and Turbak Berry and Representatives Krebs, Elliott, Engels,
Fargen, Gibson, Hamiel, Noem, Nygaard, Rave, and Steele
FOR AN ACT ENTITLED, An Act to provide certain restrictions regarding the passing
of a bicycle.
Was read the first time and referred to the Committee on Transportation.
SB 71 Introduced by: Senators Kloucek, Bartling, Fryslie, Heidepriem, and Merchant and
Representatives Lucas, Elliott, Fargen, Gibson, Hunhoff (Bernie), and Kirschman
FOR AN ACT ENTITLED, An Act to provide driver licensing stations and provide the
same level of service at each station as was prior to October 1, 2009.
Was read the first time and referred to the Committee on Appropriations.
SB 72 Introduced by: Senators Kloucek, Fryslie, and Hundstad and Representatives
Hamiel, Cronin, Kirkeby, Kopp, Nygaard, Olson (Betty), Putnam, Schrempp, and Sorenson
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the testing of
applicants for a driver license.
Was read the first time and referred to the Committee on Transportation.
SB 73 Introduced by: Senator Kloucek and Representative Elliott
Was read the first time and referred to the Committee on Appropriations.
HB 1020: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain special
education funds to other funds under certain conditions and to declare an emergency.
Was read the first time and referred to the Committee on Education.
HB 1022: FOR AN ACT ENTITLED, An Act to revise certain statutes to reflect the
current organizational structure of the Department of Education.
Was read the first time and referred to the Committee on Education.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding
make up time for school districts.
Was read the first time and referred to the Committee on Education.
HB 1049: FOR AN ACT ENTITLED, An Act to revise the qualifications for the director
of the Division of Veterans Affairs.
Was read the first time and referred to the Committee on State Affairs.
Pursuant to Senate Rule 6-1, the President removed SB 22 from the Consent Calendar.
SB 56: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations
regarding pipeline safety inspection.
Was read the second time.
The question being Shall SB 56 pass?
And the roll being called:
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Gant; Garnos; Gray;
Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Fryslie; Gillespie
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. Knudson moved that SB 13 be deferred to Thursday, January 21, the 7th legislative
day.
Which motion prevailed.
SB 51: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with
the secretary of state by electronic means and to provide penalties for false filings.
Having had its second reading was up for consideration and final passage.
The question being Shall SB 51 pass as amended?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Gillespie
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 23: FOR AN ACT ENTITLED, An Act to eliminate the two-year delay of certain rule
changes that increase teacher certification fees.
Was read the second time.
The question being Shall SB 23 pass?
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom);
Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Knudson; Maher; Miles; Nelson; Novstrup
(Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Nays:
Ahlers; Bartling; Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Nesselhuf
Excused:
Gillespie
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 25: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition
for students transferring from a resident district that does not receive state aid to education and
to repeal certain provisions related to state aid to education for students transferring to a
nonresident school district that does not receive state aid to education.
Was read the second time.
The question being Shall SB 25 pass?
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
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 40: FOR AN ACT ENTITLED, An Act to provide for the suspension of certain licenses
and registrations relating to dentistry for failure to renew the license or registration.
Was read the second time.
The question being Shall SB 40 pass as amended?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos;
Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean);
Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Gillespie
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 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
eligibility.
Was read the second time.
The question being Shall SB 55 pass?
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen
(Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad;
Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson
(Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle
Nays:
Bradford
Excused:
Gillespie
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. Brown moved that the Senate do now adjourn, which motion prevailed and at
2:57 p.m. the Senate adjourned.