Committee: Senate State Affairs
Wednesday, February 16, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Adelstein
P Cutler
P Frerichs
P Garnos
P Gray
P Johnston
P Tieszen
P Olson (Russell), Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Larry Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 14, 2011
Moved by: Cutler
Second by: Garnos
Action: Prevailed by voice vote.
MOTION: CONFIRM APPOINTMENT OF PAT COSTELLO OF HUGHES COUNTY,
PIERRE, SOUTH DAKOTA, TO THE POSITION OF SECRETARY OF THE
DEPARTMENT OF TOURISM & STATE DEVELOPMENT
Moved by: Johnston
Second by: Cutler
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
MOTION: CONFIRM REAPPOINTMENT OF PATRICIA LEBRUN OF PENNINGTON
COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE SOUTH DAKOTA
SCIENCE AND TECHNOLOGY AUTHORITY
Moved by: Adelstein
Second by: Frerichs
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
SB 56: revise the qualifications of a county veterans' service officer.
Presented by: Senator Eldon Nygaard
Proponents: Wade Hubbard, State Veterans Commission
MOTION: DEFER SB 56 TO THE 41
ST LEGISLATIVE DAY
Moved by: Olson (Russell)
Second by: Johnston
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
SB 150: provide for entertainment for the good of South Dakota.
Presented by: Senator Larry Tidemann
MOTION: DEFER SB 150 TO THE 41
ST LEGISLATIVE DAY
Moved by: Adelstein
Second by: Garnos
Action: Prevailed by roll call vote. (8-0-1-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Johnston, Tieszen, Olson (Russell), Rhoden
Excused: Gray
SB 201: restrict the application of certain foreign laws, legal codes, and system with
respect to state legal proceedings.
Presented by: Senator Dan Lederman
Proponents: David Yerushalim, self, New York, NY
Opponents: Tom Barnett, State Bar Association of South Dakota
Sam Ellingson, ACLU of SD
David Owen, SD Chamber of Commerce & Industry
Tim Dougherty, Citibank of South Dakota
Steve Siegel, SD Trial Lawyers
Marty Yackley, Attorney General, was call forward by the Chair for clarification of certain points.
MOTION: DEFER SB 201 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gray
Second by: Garnos
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS SB 201
Moved by: Adelstein
Second by: Frerichs
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Adelstein, Cutler, Johnston
Voting No: Frerichs, Garnos, Gray, Tieszen, Olson (Russell), Rhoden
MOTION: DEFER SB 201 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gray
Second by: Garnos
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell), Rhoden
Voting No: Adelstein
SB 170: amend the South Dakota Uniform Securities Act with certain provisions
relating to fraud and civil liability.
Presented by: Senator Dan Lederman
Proponents: David Yerushalim, self, New York, NY
Opponents: Erin McIntyre Menkhaus, SD Securities Division
Tom Barnett, State Bar Association of South Dakota
Dave Gerdes, Securities Industry and Financial Markets Association
Sam Ellingson, ACLU of SD
Bob Miller, BankWest Pierre
MOTION: DEFER SB 170 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gray
Second by: Johnston
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
THE CHAIR DEFERRED SB 174 UNTIL TUESDAY, FEBRUARY 22, 2011
THE CHAIR DEFERRED SB 134 UNTIL TUESDAY, FEBRUARY 22, 2011
THE CHAIR DEFERRED SB 135 UNTIL TUESDAY, FEBRUARY 22, 2011
MOTION: ADJOURN
Moved by: Cutler
Second by: Garnos
Action: Prevailed by voice vote.
Cheri Hauschild
____________________________
Committee Secretary
Larry Rhoden, Chair
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