The prayer was offered by the Chaplain, Rev. Mike Bishop, followed by the Pledge of
Allegiance led by Senate page William Wiseman.
Roll Call: All members present except Sen. Putnam 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 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.
SENATE PAGE RESOLUTION 2 Introduced by: Senators 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-sixth
Legislature of the State of South Dakota to Joseph Bliss, Grace Buchloh, Derek Chase,
Jacob Clark, Jessica Duerre, Nicole Merriman, Marie Mulloy, Jaakko Pehkonen, Heidi
Reiners, Mackenze Schauf-Benter, Sarah Schiley, Gemma Trask, Samantha White,
William Wiseman
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-sixth
Legislative Session; and
WHEREAS, the members of the Eighty-sixth 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 Eighty-sixth 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. Krebs moved that Senate Page Resolution 2 be adopted.
The question being on Sen. Kreb's motion that Senate Page Resolution 2 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
There being no objection, the Senate reverted to Order of Business No. 4.
February 2, 2011
The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
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 am honored to inform you that I have appointed Pat Costello, Hughes County, Pierre,
South Dakota, to the position of Secretary of the Department of Tourism & State Development.
This appointment was effective January 8, 2011.
The Committee on Education respectfully reports that it has had under consideration
SB 200 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 65 and returns the same with the recommendation that said bill be amended as follows:
13-36-4. The school board of a public or the governing body of a nonpublic school,
approved and accredited by the secretary of the Department of Education, may delegate, on a
year to year basis, the control, supervision, and regulation of any high school interscholastic
activities to any association which is voluntary and nonprofit if membership in such association
is open to all high schools approved and accredited by the secretary of the Department of
Education pursuant to this section, including any school that allows participation by students
receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title,
and if the constitution, bylaws, and rules of the association are subject to ratification by the
school boards of the member public school districts and the governing boards of the member
nonpublic schools and include a provision for a proper review procedure and review board.
The governing body of a nonpublic school, approved and accredited by the secretary of the
Department of Education, or the North Central Association Commission on Accreditation and
School Improvement (NCA CASI), or the Association of Christian Schools International
(ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools
International (CSI), or National Lutheran School Accreditation (NLSA), or Wisconsin
Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year basis,
the control, supervision, and regulation of any high school interscholastic activities to any
association which is voluntary and nonprofit if membership in such association is open to all
high schools approved and accredited pursuant to this section, including any school that allows
participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to
the provisions of this title, and if the constitution, bylaws, and rules of the association are
subject to ratification by the school boards of the member public school districts and the
governing boards of the member nonpublic schools and include a provision for a proper review
procedure and review board.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 63 which was tabled.
The Committee on Education respectfully reports that it has had under consideration
SB 154 which was deferred to the 41st Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 7, 52, and 86 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 51 and returns the same with the recommendation that said bill be amended as follows:
"Section 2. That chapter 189 of the 2007 Sessions Laws be amended by adding thereto a
NEW SECTION to read as follows:
Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8. "
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 58 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 81
and HB 1038 and 1042 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1043 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 Judiciary respectfully reports that it has had under consideration
SB 101 and returns the same with the recommendation that said bill be amended as follows:
Section 2. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as
follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 80
and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Trevor Jones of Hughes County, South Dakota, to the position of Secretary of
the Department of Public Safety and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SCR 3 and SB 148 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 17 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 15 was delivered to
his Excellency, the Governor, for his approval at 9:40 a.m., February 3, 2011.
I have the honor to return herewith SB 17 which has passed the House without change.
I have the honor to return herewith SB 50 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith HB 1001, 1058, 1070, 1096, and 1141 which have
passed the House and your favorable consideration is respectfully requested.
Yesterday, Sen. Gray announced his intention to reconsider the vote by which SB 137 lost.
Sen. Gray moved that the Senate do now reconsider the vote by which SB 137 lost.
The question being on Sen. Gray's motion to reconsider the vote by which SB 137 lost.
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Gray; Heineman; Holien;
Hundstad; Lederman; Nygaard; Olson (Russell); Rave; Schlekeway; Sutton; Tidemann
Nays:
Fryslie; Garnos; Hansen (Tom); Haverly; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher;
Nelson (Tom); Novstrup (Al); Peters; Rampelberg; Rhoden; Tieszen; Vehle
Excused:
Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 137 was up for reconsideration and final passage.
Sen. Gray moved that SB 137 be placed on the calendar of Monday, February 7, the 17th
legislative day.
Which motion prevailed and SB 137 was so placed.
SCR 5: A CONCURRENT RESOLUTION, Recognizing February 4, 2011, as Wear Red
Day and urging citizens of the state to be aware of cardiovascular disease in order to save lives.
Was read the second time.
The question being on Sen. Rave's motion that SCR 5 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 5 was adopted.
HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications
Commission to make substantive changes to the National Broadband Plan.
Was read the second time.
Sen. Brown moved that the Senate do concur in HCR 1003 as found on page 214 of the
House Journal and as amended on page 244 of the House Journal.
The question being on Sen. Brown's motion that HCR 1003 be concurred in as amended.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1003 was concurred in as amended.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on SB 97 as found on page 292 of the Senate Journal; also
Health and Human Services on SB 139 as found on page 291 of the Senate Journal be
adopted.
Which motion prevailed.
HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
assessment of agricultural land.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for
the purpose of supplemental automobile liability insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1070: FOR AN ACT ENTITLED, An Act to prohibit school districts from employing
school counselors who are not certified.
Was read the first time and referred to the Committee on Education.
HB 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
appointment of municipal officers.
Was read the first time and referred to the Committee on Local Government.
HB 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting
and to revise the deadline for the printing of ballots.
Was read the first time and referred to the Committee on State Affairs.
SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
exemption from the motor fuel tax for bulk fuel transfers into a terminal.
Was read the second time.
The question being "Shall SB 42 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
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 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate
board member for the county legal expense relief board.
Was read the second time.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county
treasurers to collect the oldest delinquent property tax first.
Was read the second time.
The question being "Shall SB 112 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
domestic abuse programs.
Was read the second time.
The question being "Shall HB 1011 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the second time.
The question being "Shall HB 1025 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
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 1028: FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns
and remittances.
Was read the second time.
The question being "Shall HB 1028 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Putnam
Sen. Olson moved that SB 43, 70, 72, 93, 120, 122, and 144 and HB 1013 be deferred to
Monday, February 7, the 17th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for
certain property leased by the Science and Technology Authority.
HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purpose of the 911 emergency surcharge and to provide rule-making authority to the 911
Coordination Board to establish allowable recurring and nonrecurring costs for the operation
of a public safety answering point.
And signed the same in the presence of the Senate.
Sen. Johnston moved that the Senate do now adjourn, which motion prevailed and at
1:46 p.m. the Senate adjourned.