The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Elaina Deadrick.
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 nineteenth day and finds that the
following correction should be made:
On page 370, line 8, delete ", which was removed from the table,".
All other errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that I have approved Senate Bills 15 and 17, and the same
have been deposited in the office of the Secretary of State.
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1022 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1023 and 1024 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Committee on Education respectfully reports that it has had under consideration
HB 1070 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration
HB 1080 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 Education respectfully reports that it has had under consideration SB 77
and returns the same with the recommendation that said bill be amended as follows:
"13-28-45. The parent or guardian of a student who has been accepted for transfer is
responsible for transporting the student to school in the receiving district without
reimbursement. Either the district of residence or the receiving district may provide
transportation to students approved for transfer. A receiving school district may enter the district
of residence of students accepted for transfer into that school district to provide transportation
to those students. However, the school boards in both the receiving school district and the
resident school district shall annually approve the pick-up locations for those students within
any incorporated municipality. When approving pick-up locations, the school boards shall base
their decisions foremost on student safety. If the school boards cannot reach agreement on the
pick-up locations, the locations shall be determined by the secretary of the Department of
Education. The provisions of § 13-29-4 do not apply when transporting students enrolled under
the provisions of §§ 13-28-40 to 13-28-47. The receiving district may charge a reasonable fee
if the student elects to use the transportation services offered by the receiving district. "
Delete page 2.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 165 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1001, 1005, and 1006 and returns the same with the recommendation
that said bills do pass and be placed on the consent calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 184, 186, 189, and 192 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 168 and returns the same with the recommendation that said bill be amended as follows:
"Section 1. That § 5-18A-22 be amended to read as follows:
5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not
apply to:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SJR 1 and SB 195 which were tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 173
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 Loren McManus of Minnehaha County, Sioux Falls, South Dakota, to the South
Dakota Crime Victims' Compensation Commission 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 Judiciary respectfully reports that it has had under consideration the
nomination of Alicia Y. Alvarez of Minnehaha County, Sioux Falls, South Dakota, to the South
Dakota Crime Victims' Compensation Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on Judiciary respectfully reports that it has had under consideration
SB 115, 116, and 164 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Raymond Wahle of Minnehaha County, Sioux Falls, South
Dakota, to the Energy Infrastructure 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 Commerce and Energy respectfully reports that it has had under
consideration SB 87 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 9 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 14, 16, and 50 were
delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 10, 2011.
I have the honor to return herewith SB 9 which has passed the House without change.
I have the honor to transmit herewith HB 1061, 1094, 1148, 1153, 1173, and 1207 which
have passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on SB 96 as found on page 368 of the Senate Journal; also
Taxation on SB 167 as found on page 370 of the Senate Journal and as amended on page
393 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Stanley Porch
of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development
Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Stanley Porch pursuant to the executive message as found on page 263 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.
The question being "Does the Senate advise and consent to the executive reappointment
of Mark Roby pursuant to the executive message as found on page 263 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 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation
of registered midwives.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
filing of campaign finance disclosure statements.
Was read the first time and referred to the Committee on Local Government.
HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain
seasonal employees and to declare an emergency.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1153: FOR AN ACT ENTITLED, An Act to prohibit the Board of Education from
adopting certain standards for the subject of history.
Was read the first time and referred to the Committee on Education.
Was read the first time and referred to the Committee on Local Government.
HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of
certain out-of-state vehicles and motorcycles.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that
counties are not responsible for constructing, repairing, and maintaining roads contained in
improvement districts.
Was read the second time.
The question being "Shall SB 59 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 126, 132, 151, 153, 194, and 196 and HB 1034 be deferred to
Monday, February 14, the 21st legislative day.
Which motion prevailed.
SB 71: FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving.
The question being "Shall SB 71 pass?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Holien; Hundstad;
Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard;
Putnam; Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Bradford; Brown; Buhl; Haverly; Heineman; Maher; Olson (Russell); Peters; Rave
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 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail
license for certain malt beverage and wine dealers.
Was read the second time.
The question being "Shall SB 121 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; Hunhoff (Jean); Johnston; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Kraus
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 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the
amount of the motor vehicle registration fees that shall be applied based on the age of the
vehicles.
The question being "Shall SB 99 pass?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Garnos; Hundstad; Rhoden
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.
The President publicly read the title to
SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility
requirements for the state risk pool.
HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for
certain vehicles.
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.
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.
And signed the same in the presence of the Senate.
Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at
2:46 p.m. the Senate adjourned.