The prayer was offered by the Chaplain, Fr. Mike Griffin, followed by the Pledge of
Allegiance led by Senate page Mariah Waters.
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 twenty-first 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 Committee on Education respectfully reports that it has had under consideration
HB 1133 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 the
nomination of Patrick L. Weber of McCook County, Montrose, South Dakota, to the State
Board of Regents 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 Education respectfully reports that it has had under consideration the
nomination of Terry Baloun of Faulk County, Highmore, South Dakota, to the State Board of
Regents 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 Education respectfully reports that it has had under consideration the
nomination of Randy Morris of Lawrence County, Spearfish, South Dakota, to the State Board
of Regents 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 Education respectfully reports that it has had under consideration
SB 169 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1002 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Steven Pirner of Hughes County, Pierre, South Dakota,
to the position of Secretary of the Department of Environment & Natural Resources 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of James C. Spies of Codington County, Watertown, South
Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Barry Jensen of Mellette County, White River, South
Dakota, to the Game, Fish and Parks 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 SB 114
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 SB 176
and returns the same with the recommendation that said bill be amended as follows:
"Section 4. Any person under the age of sixteen who performs a commercial sex act is
considered a victim of human trafficking regardless of whether force, fraud, or coercion were
present."
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 123 and 158 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 87 and returns the same with the recommendation that said bill do NOT pass.
Also MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 5 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 9 was delivered to
his Excellency, the Governor, for his approval at 8:53 a.m., February 15, 2011.
I have the honor to transmit herewith HB 1146, 1147, 1175, 1184, 1185, 1196, 1216, 1221,
and 1233 which have passed the House and your favorable consideration is respectfully
requested.
I have the honor to return herewith SB 5 which has passed the House without change.
Yeaterday, Sen. Nygaard announced his intention to reconsider the vote by which SB 167
lost.
Sen. Nygaard moved that the Senate do now reconsider the vote by which SB 167 lost.
The question being on Sen. Nygaard's motion to reconsider the vote by which SB 167 lost.
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Buhl; Frerichs; Hundstad; Lederman; Maher; Nelson (Tom); Nygaard;
Peters; Schlekeway; Sutton; Tieszen; Vehle
Nays:
Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Kraus; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave;
Rhoden; Tidemann
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public
awareness of the disease of lupus.
Was read the second time.
Sen. Rave moved that the Senate do concur in HCR 1005 as found on page 336 of the
House Journal.
The question being on Sen. Rave's motion that the Senate do concur in HCR 1005.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1005 was concurred in.
The President introduced the 2010 American Legion Boys State Governor Daniel Wanous
of Sioux Falls, the 2010 American Legion Auxiliary Governor Erin Williams of Watertown, and
State Commander of the American Legion G.D. "Hoot" Gibson, to the body.
Sen. Olson moved that the reports of the Standing Committees on
State Affairs on SB 193 as found on page 410 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Barbara
Christianson of Pennington County, Rapid City, South Dakota, to the Career Service
Commission.
The question being "Does the Senate advise and consent to the executive reappointment
of Barbara Christianson pursuant to the executive message as found on page 262 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 reappointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Jean (Dawn)
Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission.
The question being "Does the Senate advise and consent to the executive reappointment
of Jean (Dawn) Morris pursuant to the executive message as found on page 262 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Krebs
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1146: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts
for chiropractic services.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1147: FOR AN ACT ENTITLED, An Act to revise the taxation of rural electric
companies with respect to receipts collected for compliance with certain environmental laws.
Was read the first time and referred to the Committee on State Affairs.
HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship
program.
Was read the first time and referred to the Committee on Education.
HB 1184: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers
unless and until the insured is fully compensated.
Was read the first time and referred to the Committee on Judiciary.
HB 1185: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language
pathology to the public.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1196: FOR AN ACT ENTITLED, An Act to provide for the establishment of veterans resource centers at certain state colleges and universities.
HB 1216: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on
the use of ethanol blender pumps by retailers.
Was read the first time and referred to the Committee on Transportation.
HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving
safety.
Was read the first time and referred to the Committee on Transportation.
HB 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by
certain aviation products.
Was read the first time and referred to the Committee on State Affairs.
Sen. Olson moved that SB 126 and HB 1001, 1015, 1034, 1045, and 1070 be deferred to
Wednesday, February 16, the 23rd legislative day.
Which motion prevailed.
Sen. Olson moved that SB 77 be deferred to Tuesday, February 22, the 25th legislative day.
Which motion prevailed.
SB 184: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, and to declare an emergency.
Was read the second time.
The question being "Shall SB 184 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
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 186: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
distribution of funds to sparse school districts.
Was read the second time.
The question being "Shall SB 186 pass?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Kraus; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell);
Peters; Putnam; Rampelberg; Rave; Schlekeway; Tidemann; Tieszen; Vehle
Nays:
Bradford; Buhl; Frerichs; Garnos; Hundstad; Maher; Rhoden; Sutton
Excused:
Krebs; Lederman
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 189: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating
to certain funds received from the federal government.
Was read the second time.
The question being "Shall SB 189 pass?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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
Nays:
Hundstad
Excused:
Cutler; 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 192: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities
in the state aid for special education formula.
Was read the second time.
The question being "Shall SB 192 pass?"
And the roll being called:
Yeas 28, Nays 6, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; 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; Tidemann; Tieszen;
Vehle
Nays:
Bradford; Buhl; Frerichs; Garnos; Hundstad; Sutton
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 74: FOR AN ACT ENTITLED, An Act to classify certain farm winery land as
agricultural.
The question being "Shall SB 74 pass?"
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Cutler; Frerichs; Hundstad; Johnston; Lederman; Maher; Nygaard;
Rampelberg; Rave; Rhoden; Schlekeway; Tieszen
Nays:
Bradford; Brown; Buhl; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Sutton;
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.
SB 145: FOR AN ACT ENTITLED, An Act to revise the provisions concerning the types
of taxes that the state may enter into compacts with Indian tribes.
Was read the second time.
The question being "Shall SB 145 pass?"
And the roll being called:
Yeas 9, Nays 25, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hundstad; Lederman; Maher; Nygaard
Nays:
Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff
(Jean); Johnston; Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; 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.
Was read the second time.
The question being "Shall SB 168 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; 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
Nays:
Bradford
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 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
veterans credited service and benefits under the South Dakota Retirement System and under the
South Dakota deferred compensation plan.
Was read the second time.
The question being "Shall HB 1022 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
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.
SC 11 Introduced by: Senators Hundstad and Novstrup (Al) and Representatives Dennert,
Elliott, and Feickert
SC 12 Introduced by: Senators Maher, Adelstein, Bradford, Brown, Cutler, Hansen (Tom),
Holien, Peters, Rampelberg, and Sutton and Representatives Schrempp, Brunner, Carson,
Hoffman, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Munsterman, Olson (Betty),
Russell, Turbiville, Verchio, and Wink
The President publicly read the title to
SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge
for posting maximum vehicle weight warning signage.
And signed the same in the presence of the Senate.
Sen. Novstrup moved that the Senate do now adjourn, which motion prevailed and at
3:31 p.m. the Senate adjourned.