The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of
Allegiance led by Senate page Christina Drey.
Roll Call: All members present except Sen. Krebs 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 twentieth 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 Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Kathryn Johnson,
Pennington County, Hill City, South Dakota, to the State Board of Regents.
This reappointment is effective immediately, and shall continue until March 31, 2017.
January 31, 2011
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Harvey Jewett,
Brown County, Aberdeen, South Dakota, to the State Board of Regents.
This reappointment is effective immediately, and shall continue until March 31, 2017.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Julie A. Mathiesen, Meade
County, Sturgis, South Dakota, to the South Dakota Board of Education.
This appointment is effective January 28, 2011, and shall continue until December 31,
2012.
February 2, 2011
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Scott A. Vance,
Meade County, Faith, South Dakota, to the State Brand Board.
This appointment is effective February 1, 2011, and shall continue until January 6, 2014.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Barry Jensen, Mellette
County, White River, South Dakota, to the Game, Fish and Parks Commission.
This reappointment is effective immediately, and shall continue until January 10, 2015.
February 7, 2011
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Catherine M. Peterson,
McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective February 7, 2011, and shall continue until January 10, 2015.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 10, 2011, I approved Senate Bills 14, 16,
and 50, and the same have been deposited in the office of the Secretary of State.
The Committee on Local Government respectfully reports that it has had under
consideration SB 98 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 155 which was tabled.
The Committee on Transportation respectfully reports that it has had under consideration
SB 131 and 198 which were deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 74,
which was removed from the table, and 145 and returns the same with the recommendation that
said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 193 and returns the same with the recommendation that said bill be amended as follows:
"Notwithstanding the provisions of § 35-4-11.1, each county may issue a hunting preserve
facility on-sale license to any facility that has a shooting preserve operating permit issued
pursuant to chapter 41-10 and a license issued by the Department of Health pursuant to chapter
34-18. The licensee may only sell alcoholic beverages during the shooting preserve season for
consumption on the licensed premises to a guest as part of a hunting or shooting rental package
for use of the shooting preserve's facilities and services. The licensee may not offer any
alcoholic beverages for retail sale to other members of the general public. The facility shall have
rooms that are suitable for lodging to host guests and equipment and seating for the preparation
and serving of food for consumption on the premises. For the purposes of this section, the term,
premises, means the same facility which is also licensed by the Department of Health pursuant
to chapter 34-18. The license fee shall be five hundred dollars per season. The renewal fee shall
be five hundred dollars per season. Any license issued pursuant to this section may not be
transferred to a different location."
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career
Service Commission and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said reappointment.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the
Career Service Commission 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 State Affairs respectfully reports that it has had under consideration
SB 82 and 138 which were tabled.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1015 and 1045 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 127 and HB 1052 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that SB 18 was delivered to
his Excellency, the Governor, for his approval at 9:20 a.m., February 14, 2011.
I have the honor to transmit herewith HB 1234 which has passed the House and your
favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1005 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1029.
Sen. Peters moved that the Committee on Commerce and Energy be instructed to deliver
SB 87 to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported.
HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public
awareness of the disease of lupus.
Was read the first time, the President waived the referral to committee, and placed HCR
1005 on the calendar of Tuesday, February 15, the 22nd legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 77 as found on page 395 of the Senate Journal; also
Appropriations on SB 168 as found on page 396 of the Senate Journal be adopted.
The Senate proceeded to the consideration of the executive reappointment of Raymond
Wahle of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Energy
Infrastructure Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Raymond Wahle pursuant to the executive message as found on page 264 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs; Peters
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Alicia Y.
Alvarez of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims'
Compensation Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Alicia Y. Alvarez pursuant to the executive message as found on page 268 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; 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 appointment of Loren
McManus of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime
Victims' Compensation Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Loren McManus pursuant to the executive message as found on page 267 of the Senate
Journal?"
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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports
to be made to the Board of Economic Development.
Was read the first time and referred to the Committee on State Affairs.
Sen. Novstrup requested that HB 1001 be removed from the Consent Calendar.
Was read the second time.
The question being "Shall HB 1005 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in
hunting certain animals.
Was read the second time.
The question being "Shall HB 1006 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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 1023 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
vacancies on the Board of Trustees of the South Dakota Retirement System.
Was read the second time.
The question being "Shall HB 1024 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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 1080 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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, 184, 186, 189, and 192 and HB 1022, 1034, and 1070 be
deferred to Tuesday, February 15, the 22nd legislative day.
Which motion prevailed.
SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct
and own electric transmission lines to incumbent electric utilities.
Was read the second time.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Frerichs
Excused:
Krebs
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 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions of
massage therapy licensure.
Was read the second time.
The question being "Shall SB 151 pass?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Gray; Heineman; Hundstad; Kraus; Lederman;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden;
Schlekeway; Tieszen
Nays:
Brown; Cutler; Fryslie; Garnos; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Johnston;
Maher; Peters; Putnam; Sutton; Tidemann; Vehle
Excused:
Krebs
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 SB 153 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
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 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive
Advisory Task Force and to provide for the appointment of the task force members.
Was read the second time.
The question being "Shall SB 194 pass?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tieszen; Vehle
Nays:
Bradford; Kraus; Peters; Tidemann
Excused:
Krebs
SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive
payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage
the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the
revolving economic development and initiative fund.
Was read the second time.
The question being "Shall SB 196 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Kraus
Excused:
Krebs
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 96: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents
filed with the county register of deeds.
Was read the second time.
Which motion prevailed.
The question being "Shall SB 96 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Vehle
Nays:
Brown; Nygaard; Tieszen
Excused:
Krebs
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 167: FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions.
Was read the second time.
The question being "Shall SB 167 pass as amended?"
And the roll being called:
Yeas 15, Nays 19, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Fryslie; Hundstad; Kraus; Lederman; Maher;
Nygaard; Peters; Schlekeway; Sutton; Tieszen
Nays:
Brown; Cutler; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean);
Johnston; Nelson (Tom); Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden;
Tidemann; Vehle
Excused:
Krebs
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Nygaard announced his intention to reconsider the vote by which SB 167 lost.
SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes
against minors be suppressed under certain conditions.
The question being "Shall SB 173 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; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs
The President publicly read the title to
HB 1009: FOR AN ACT ENTITLED, An Act to repeal the authority of the Department
of Environment and Natural Resources to regulate public swimming places and bulk water
haulers.
HB 1013: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of
Examiners for Counselors and Marriage and Family Therapists.
HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
licensing and regulation of grain buyers, grain warehouses, and weighmasters.
HB 1030: FOR AN ACT ENTITLED, An Act to revise the provisions relating to
placement of surplus lines insurance and tax allocation of surplus lines insurance.
HB 1031: FOR AN ACT ENTITLED, An Act to increase the national registry fee for real
estate appraisers.
HB 1032: FOR AN ACT ENTITLED, An Act to authorize imposition of a permanent
injunction upon any person engaged in an unlicensed real estate appraisal practice.
HB 1035: FOR AN ACT ENTITLED, An Act to revise the process for the collection of
the annual insurance company examination assessment fee.
HB 1036: FOR AN ACT ENTITLED, An Act to revise the time when financial reports of
the guaranty association are submitted to the director of insurance.
HB 1037: FOR AN ACT ENTITLED, An Act to revise certain posting requirements
relating to hunting in the Black Hills Fire Protection District.
HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
certain fees for the electronic transmission of court records.
HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
assignment of a judgment.
And signed the same in the presence of the Senate.
Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at
3:57 p.m. the Senate adjourned.