The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Christina Rash.
Roll Call: All members present except Sens. Bartling, Dempster, and Howie who were
excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fifteenth 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 Committee on Appropriations respectfully reports that it has had under consideration
SB 122 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 27 and returns the same with the recommendation that said bill be amended as follows:
"Section 7. The provisions of this Act do not become effective unless:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 144 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration the
nomination of Kay Jorgensen of Lawrence County, Spearfish, South Dakota, to the South
Dakota Board of Directors for Educational Telecommunications and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said reappointment.
The Committee on Education respectfully reports that it has had under consideration the
nomination of Rick Knobe of Minnehaha County, Sioux Falls, South Dakota, to the South
Dakota Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration the
nomination of Larry Miller of Lawrence County, Spearfish, South Dakota, to the South Dakota
Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration the
nomination of Mark Shlanta of Minnehaha County, Sioux Falls, South Dakota, to the South
Dakota Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration the
nomination of Glenda Woodburn of Hughes County, Pierre, South Dakota, to the South Dakota
Board of Directors for Educational Telecommunications 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 Education respectfully reports that it has had under consideration
SB 159 and 164 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 39 and 40 and finds the same correctly enrolled.
I have the honor to return herewith SCR 1 in which the House has concurred.
I have the honor to return herewith SB 39 and 40 which have passed the House without
change.
I have the honor to transmit herewith HCR 1007 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1027, 1048, 1052, 1056, 1058, 1073, 1076, 1077,
1101, 1108, 1109, and 1118 which have passed the House and your favorable consideration is
respectfully requested.
SENATE PAGE RESOLUTION 2 Introduced by: Senators Abdallah; Adelstein; Ahlers;
Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-fifth
Legislature of the State of South Dakota to Stephanie Bettin, Ashley Cremers, Kalyn
Eulberg, Richmond Fiksdal, Haley Henrichs, Sara Jorgensen, Cassandra Pease, Rebecca
Pease, Christina Rash, Jada Ratzlaff
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-fifth
Legislative Session; 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 Eighty-fifth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Rhoden moved that Senate Page Resolution 2 be adopted.
The question being on Sen. Rhoden's motion that Senate Page Resolution 2 be adopted.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen
(Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson;
Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden;
Schmidt; Tieszen; Turbak Berry; Vehle
Excused:
Bartling; Dempster; Haverly; Howie
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HCR 1007: A CONCURRENT RESOLUTION, Urging the Bureau of Indian Education
and other federal and state agencies to provide for the design and implementation of appropriate
measures of adequate yearly progress for Native American students under the No Child Left
Behind Act.
Was read the first time, the President waived the referral to committee, and placed
HCR 1007 on the calendar of Tuesday, February 9, the 17th legislative day.
Sen. Knudson moved that the reports of the Standing Committees on
Health and Human Services on SB 42 as found on page 219 of the Senate Journal; also
State Affairs on SB 139 as found on page 221 of the Senate Journal be adopted.
Which motion prevailed.
SB 196 Introduced by: The Committee on Appropriations
FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the
legislative, judicial, and executive departments of the state, the expenses of state institutions,
interest on the public debt, and for common schools.
Was read the first time and referred to the Committee on Appropriations.
HB 1027: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
construct a visitor center on the grounds of McCrory Gardens on the campus of South Dakota
State University, to accept donations for such purpose, to make an appropriation therefor, and
to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a
previous appropriation for National Guard armory construction.
Was read the first time and referred to the Committee on Appropriations.
HB 1052: FOR AN ACT ENTITLED, An Act to revise the definition of full-time
equivalent to exclude students employed by public postsecondary institutions.
Was read the first time and referred to the Committee on Appropriations.
HB 1056: FOR AN ACT ENTITLED, An Act to make an appropriation from the
coordinated natural resources conservation fund to the State Conservation Commission and to
declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1073: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to a
court's continuing jurisdiction to revoke probation or a suspended execution of sentence.
Was read the first time and referred to the Committee on Judiciary.
HB 1076: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the
testimony of sex offense victims and to evidence of a victim's prior sexual conduct in
coordination with the adoption of certain evidentiary rules by the Supreme Court.
Was read the first time and referred to the Committee on Judiciary.
HB 1077: FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if
the petitioner was unconstitutionally denied the right of appeal.
Was read the first time and referred to the Committee on Judiciary.
HB 1101: FOR AN ACT ENTITLED, An Act to provide for restructuring the membership
of the Corn Utilization Council.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1108: FOR AN ACT ENTITLED, An Act to revise the definition of general fund base
percentage in the calculation of state aid to education.
Was read the first time and referred to the Committee on Education.
HB 1109: FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform
Limited Liability Company Act and to provide for certain filing fees relevant thereto.
Was read the first time and referred to the Committee on Judiciary.
HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fees for health services provided to South Dakota injured workers treated by out-of-state medical providers.
There being no objection, the Senate reverted to Order of Business No. 8.
Sen. Knudson moved that the remainder of the calendar including SB 14, 45, 60, 85, 114,
54, 57, 62, 72, 75, 92, 100, 121, and 157 and HB 1021 and 1031 be deferred to Tuesday,
February 9, the 17th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 39: FOR AN ACT ENTITLED, An Act to provide for the continuation of the minimum
monthly fee charged for care at the Human Services Center.
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.
HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
And signed the same in the presence of the Senate.
Sen. Hunhoff (Jean) moved that the Senate do now adjourn, which motion prevailed and
at 12:50 p.m. the Senate adjourned.