The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of
Allegiance led by Senate page Samantha White.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fourteenth 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 President introduced the 2009-2010 Outstanding School Administrators of South
Dakota: Dean Christensen, Deuel, School Superintendent; Susan Proefrock, Belle Fourche,
School Business Official; Micy Highstreet, Tri-Valley, Elementary School Principal; Steve
Benson, Deuel, Secondary School Principal; Kyley Cumbow, Pierre, Assistant Middle School
Principal; Becky Guffin, Aberdeen, Curriculum Director, and Kristi Wallin, Lennox, Director
of Special Education for being named outstanding administrators by their respective
administrator parent groups to the body.
The Committee on Transportation 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
HB 1025 and 1028 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 78
which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1013 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 1011 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 Health and Human Services respectfully reports that it has had under
consideration SB 139 and returns the same with the recommendation that said bill be amended
as follows:
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 128 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 120 and 122 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 108 and 112 and returns the same with the recommendation that said bills do
pass and be placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB 97 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 93 and 144 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 162 which was deferred to the 41st Legislative Day.
I have the honor to return herewith SCR 2 in which the House has concurred.
I have the honor to transmit herewith HCR 1003 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1005, 1015, 1045, 1052, 1080, 1092, and 1119
which have passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m.,
Thursday, February 3, the 16th legislative day.
Which motion prevailed.
SCR 5 Introduced by: Senators Rave, Cutler, Holien, Hunhoff (Jean), and Kraus and
Representatives Boomgarden, Blake, Feinstein, Hubbel, Moser, Rozum, and Stricherz
Was read the first time, the President waived the referral to committee, and placed SCR 5
on the calendar of Thursday, February 3, the 16th legislative day.
HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications
Commission to make substantive changes to the National Broadband Plan.
Was read the first time, the President waived the referral to committee, and placed
HCR 1003 on the calendar of Thursday, February 3, the 16th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Commerce and Energy on SB 43 as found on page 273 of the Senate Journal; also
Commerce and Energy on SB 70 as found on page 275 of the Senate Journal; also
Education on SB 72 as found on page 271 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Jeffrey R.
Vonk of Hughes County, Pierre, South Dakota, as Secretary of the Department of Game, Fish
and Parks.
The question being "Does the Senate advise and consent to the executive reappointment
of Jeffrey R. Vonk pursuant to the executive message as found on page 170 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
private shooting preserves.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide
preventive and therapeutic services to more persons under certain circumstances.
Was read the first time and referred to the Committee on Health and Human Services.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual
financial reports of school districts are considered past due.
Was read the first time and referred to the Committee on Education.
HB 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting
hearings to vacate municipal streets or alleys.
Was read the first time and referred to the Committee on Local Government.
HB 1119: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain
alcoholic beverage licenses.
Was read the first time and referred to the Committee on Local Government.
The President introduced Representative Kristi Noem, U.S. Congresswoman from South
Dakota, who spoke to the body.
SB 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian
control signals.
Was read the second time.
The question being "Shall SB 4 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 64: FOR AN ACT ENTITLED, An Act to provide that interest paid on negative
balances in employers' experience rating accounts be credited to their experience rating
accounts.
Was read the second time.
The question being "Shall SB 64 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to county
veterans memorials.
Was read the second time.
The question being "Shall SB 69 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
SB 89: FOR AN ACT ENTITLED, An Act to clarify a municipality's ability to assess a fee
for street maintenance.
Was read the second time.
The question being "Shall SB 89 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping
licenses.
Was read the second time.
The question being "Shall SB 106 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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.
Was read the second time.
The question being "Shall HB 1004 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 1018: FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge
from parole.
Was read the second time.
The question being "Shall HB 1018 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
disclosure of parole eligibility at sentencing.
Was read the second time.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
inspection of parole files.
Was read the second time.
The question being "Shall HB 1021 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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. Olson moved that SB 33 be deferred to Monday, February 7, the 17th legislative day.
Which motion prevailed.
Was read the second time.
"Section 12. There is hereby created within the state treasury the South Dakota state seal
preservation fund to be administered by the Office of the Secretary of State for the purpose of
the preservation and reproduction of the state seal of South Dakota. All moneys in the South
Dakota seal preservation fund are subject to appropriation by the Legislature through the
General Appropriations Act or special appropriations. Any interest earned on money in the fund
shall be credited to the fund."
The question being "Shall SB 3 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen; Vehle
Nays:
Peters; Tidemann
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 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime
of taking pictures without consent and to provide for a felony penalty under certain
circumstances.
The question being "Shall SB 35 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 88: FOR AN ACT ENTITLED, An Act to revise certain penalties involving the bribery
of a voter.
Was read the second time.
"induce such voter to vote or refrain as a condition of voting or refraining from voting at any
election or to induce any voter to vote or refrain as a condition of voting or refraining from
voting at such the election for any particular person or to induce such as a condition of the voter
to go to the polls or remain away from the polls at such the election, or on account of such as
a condition of the voter having voted, refrained from voting or having voted or refrained from
voting for any particular person, or as a condition of having gone to the ".
Which request was supported.
The question being on Sen. Buhl's motion that SB 88 be further amended.
And the roll being called:
Yeas 8, Nays 27, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Hundstad; Sutton; Tieszen; Vehle
Nays:
Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al);
Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question being "Shall SB 88 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Tidemann; Tieszen; Vehle
Nays:
Bradford; Buhl; Frerichs; Hundstad; Sutton
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 90: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax
incremental districts.
Was read the second time.
"Section 20. That § 11-9-45 be amended to read as follows:
11-9-45. After all project costs and all tax incremental bonds and notes of the district have
been paid or provided for subject to any agreement with bondholders, if any moneys remain in
the fund, they shall be paid to the treasurer of each county, school district, or other tax-levying
municipality or to the general fund of the municipality in such amounts as belong to each
respectively, having due regard for what portion of such moneys, if any, represents tax
increments not allocated to the municipality and what portion thereof, if any, represents
voluntary deposits of the municipality into the fund. "
The question being "Shall SB 90 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Hundstad
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 28: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
authority of the secretary of transportation to create limited speed zones through highway work
areas and to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Brown; Peters; Putnam
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 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual
conference held for the directors of equalization.
Was read the second time.
The question being "Shall SB 75 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Hunhoff (Jean)
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 137: FOR AN ACT ENTITLED, An Act to require school districts and regental
institutions to adopt a policy prohibiting hazing.
Was read the second time.
Which motion prevailed.
HB 1017: FOR AN ACT ENTITLED, An Act to authorize the release of offender
photographs and physical description for purposes of victim and community notification.
Was read the second time.
The question being "Shall HB 1017 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Begalka
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 include employees responsible for
persons on supervised release or probation and members of the Board of Pardons and Paroles
in protections afforded law enforcement and judicial officers.
Was read the second time.
The question being "Shall HB 1019 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Nays:
Bradford
Excused:
Nygaard
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 137: FOR AN ACT ENTITLED, An Act to require school districts and regental
institutions to adopt a policy prohibiting hazing.
Having had its second reading was up for consideration and final passage.
Which motion lost.
The question being "Shall SB 137 pass?"
And the roll being called:
Yeas 17, Nays 18, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Heineman; Holien;
Hundstad; Lederman; Nygaard; Rave; Schlekeway; Sutton; Tidemann
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Gray announced his intention to reconsider the vote by which SB 137 lost.
Sen. Hunhoff moved that the Senate do now adjourn, which motion prevailed and at
4:09 p.m. the Senate adjourned.