The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of
Allegiance led by Senate pages Leah Cypher and Olivia Siglin.
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 seventeenth 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 State Voice of Democracy winner, Morgan T. Hanzlik, from
Spearfish, and Patriot's Pen winner, Sadie Eitemiller, of Armour, to the body.
The Committee on Education respectfully reports that it has had under consideration
SB 126 and 152 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration SB 71
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Timothy A. Reisch of Miner County, Howard, South Dakota, to the position of
Secretary of the Department of Corrections 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 Judiciary respectfully reports that it has had under consideration SB 159
which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1031 and returns the same with the recommendation that said bill do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 76 and HB 1032 and 1036 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 Commerce and Energy respectfully reports that it has had under
consideration SB 132 and returns the same with the recommendation that said bill be amended
as follows:
"connects to facilities owned by two or more incumbent electric transmission owners belongs
individually and proportionally to each incumbent electric transmission owner, unless otherwise
agreed in writing. If an electric transmission line has been approved for construction in a
federally registered planning authority transmission plan, the incumbent electric transmission
owner may give notice to the commission, in writing, within ninety days of approval, of its
intent to construct, own, and maintain the electric transmission line. If no notice is provided, the
incumbent electric transmission owner shall surrender its first right to construct, own, and
maintain the electric transmission line."
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1034 and returns the same with the recommendation that said bill be amended
as follows:
58-11-58. Any schedule of rates or rating plan for private passenger motor vehicle bodily injury and property damage liability insurance and collision insurance submitted to, or filed with, the Division of Insurance shall provide for an appropriate reduction in premium charges for persons fifty-five years of age or older who have successfully completed a motor vehicle
accident prevention course meeting the criteria approved by the Department of Revenue and
Regulation.
Section 2. That § 58-11-59 be amended to read as follows:
58-11-59. Upon successfully completing the approved course, each person shall be issued
a certificate by the organization offering the course which shall be used to qualify for the
premium discount required by § 58-11-58.
Section 3. That § 58-11-60 be amended to read as follows:
58-11-60. A person shall take and pass the approved course every three years to continue
to be eligible for the premium discount required by § 58-11-58.
Section 4. That § 58-11-61 be amended to read as follows:
58-11-61. The premium discount required by § 58-11-58 shall be effective for an insured
for a three-year period after successful completion of the approved course. However, the insurer
may require, as a condition of providing and maintaining the discount, that the insured:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 201 and returns the same with the recommendation that said bill be referred
to the Committee on State Affairs.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1009 and 1016 and returns the same with the recommendation that said
bills do pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1010 and 1037 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 153 and returns the same with the recommendation that said bill be
amended as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 157 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 14, 16, and 50 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 17 was delivered to
his Excellency, the Governor, for his approval at 10:15 a.m., February 8, 2011.
The oath of office was administered by the President to the following named person:
Elizabeth Strohman
Which was subscribed to and placed on file in the office of the Secretary of State.
I have the honor to transmit herewith HB 1002, 1062, 1085, 1118, 1133, and 1139 which
have passed the House and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1004 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 14 and 16 which have passed the House without
change.
HCR 1004: A CONCURRENT RESOLUTION, Making certain legislative findings about
the constitutionality of the federal health care system.
Was read the first time and referred to the Committee on Health and Human Services.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on SB 84 as found on page 330 of the Senate Journal; also
Commerce and Energy on SB 103 as found on page 325 of the Senate Journal; also
Local Government on SB 109 as found on page 330 of the Senate Journal; also
Commerce and Energy on SB 121 as found on page 325 of the Senate Journal; also
Commerce and Energy on SB 125 as found on page 326 of the Senate Journal; also
Local Government on SB 130 as found on page 331 of the Senate Journal; also
Taxation on HB 1029 as found on page 332 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Kimberley
Malsam-Rysdon of Hughes County, Pierre, South Dakota, as Secretary of the Department of
Social Services.
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 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 Darin
Bergquist of Hughes County, Pierre, South Dakota, as Secretary of the Department of
Transportation.
The question being "Does the Senate advise and consent to the executive reappointment
of Darin Bergquist pursuant to the executive message as found on page 258 of the Senate
Journal?"
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 question having received an affirmative vote of a majority of the members-elect,
the President declared the reappointment confirmed.
HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
documentation of data used to make adjustments during the assessment process for factors that
affect the capacity of the land to produce agricultural products.
HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.
Was read the first time and referred to the Committee on Judiciary.
HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in
highway rights-of-way.
Was read the first time and referred to the Committee on Transportation.
HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
extraterritorial jurisdiction of a municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
excusal of a child from school.
Was read the first time and referred to the Committee on Education.
HB 1139: FOR AN ACT ENTITLED, An Act to remove the prohibition against certain
appointive officers lobbying after completing their service in state government.
Was read the first time and referred to the Committee on State Affairs.
Sen. Frerichs requested that HB 1030 be removed from the Consent Calendar.
SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions
for recovery of damages for personal injury or death to municipal officers, employees, and
volunteers.
Was read the second time.
The question being "Shall SB 80 pass as amended?"
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 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
notice requirements for changes in zoning requested by landowners.
Was read the second time.
The question being "Shall SB 113 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 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties
for water user district treasurers.
Was read the second time.
The question being "Shall SB 119 pass?"
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.
HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for
certain vehicles.
Was read the second time.
The question being "Shall HB 1026 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 1027: FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the
purpose of titling a restored or rebuilt trailer.
Was read the second time.
The question being "Shall HB 1027 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
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how
motor vehicle license fees are distributed in the unorganized territories of a county.
Was read the second time.
The question being "Shall HB 1060 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.
Sen. Olson moved that SB 97, 146, and 147 be deferred to Wednesday, February 9, the 19th
legislative day.
Which motion prevailed.
SB 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Department of Military and Veterans Affairs to provide for the design,
construction, and equipping of the veterans home near Hot Springs and to declare an
emergency.
Was read the second time.
Sen. Haverly moved that SB 52 be placed to follow SB 51 on today's calendar.
Which motion prevailed.
Having had its second reading was up for consideration and final passage.
"Section 3. The provisions of section 1 of this Act are effective on July 1, 2012."
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas 13, Nays 22, Excused 0, Absent 0
Yeas:
Brown; Gray; Haverly; Heineman; Kraus; Novstrup (Al); Nygaard; Olson (Russell); Peters;
Schlekeway; Tidemann; Tieszen; Vehle
Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Holien;
Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Putnam;
Rampelberg; Rave; Rhoden; Sutton
SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a
previous appropriation for renovation of the nursing care building on the South Dakota
Veterans' Home campus and to declare an emergency.
Was read the second time.
The question being "Shall SB 51 pass 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; Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Olson
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 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Department of Military and Veterans Affairs to provide for the design,
construction, and equipping of the veterans home near Hot Springs and to declare an
emergency.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 52 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
SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by
certain accrediting agencies other than the Department of Education to become members of the
South Dakota High School Activities Association.
Was read the second time.
The question being "Shall SB 65 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, 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; Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Nelson
Excused:
Brown
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 68: FOR AN ACT ENTITLED, An Act to authorize investment of certain public funds
in bonds issued by political subdivisions or agencies of the state.
Was read the second time.
The question being "Shall SB 68 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; 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
Nays:
Bradford; Vehle
Excused:
Garnos
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
The question being on the title.
SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights
notices.
Was read the second time.
The question being "Shall SB 95 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Nays:
Adelstein; Buhl; Hundstad
Excused:
Garnos
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 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to
public records.
Was read the second time.
The question being "Shall SB 101 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gary; 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:
Garnos
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 HB 1013, 1035, 1038, and 1042 be deferred to Wednesday,
February 9, the 19th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse
or neglect of elderly or disabled adults.
SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating
from social work programs that are in candidacy status.
SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of
emergency medical technicians.
HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
domestic abuse programs.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
HB 1028: FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns
and remittances.
And signed the same in the presence of the Senate.
Sen. Krebs moved that the Senate do now adjourn, which motion prevailed and at
3:40 p.m. the Senate adjourned.