The prayer was offered by the Chaplain, Rev. Karl Kroger, followed by the Pledge of
Allegiance led by Senate page Cassandra Mraz.
Roll Call: All members present except Sens. Krebs and Schlekeway who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-second 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 the Mitchell School Board who received the Associated School
Boards of South Dakota's School Board Award of Excellence for 2011 to the body.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 15, 2011, I approved Senate Bill 18, and
the same has been deposited in the office of the Secretary of State.
The Committee on Transportation respectfully reports that it has had under consideration
SB 181 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 136 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 140 and returns the same with the recommendation that said bill be amended
as follows:
Respectfully submitted,
Jean M. Hunhoff, Chair
The Committee on Local Government respectfully reports that it has had under
consideration HB 1044, 1057, and 1096 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1118 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 175 and returns the same without recommendation.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 187 and 188 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 124 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 199 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Pat Costello of Hughes County, Pierre, South Dakota, to the position of Secretary
of the Department of Tourism & State Development 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 State Affairs respectfully reports that it has had under consideration the
nomination of Patricia LeBrun of Pennington County, Rapid City, South Dakota, to the South
Dakota Science and Technology 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 State Affairs respectfully reports that it has had under consideration
SB 56, 150, 170, and 201 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 21, 47, and 49 and finds the same correctly enrolled.
I have the honor to transmit herewith HB 1047, 1056, 1087, 1130, 1144, 1145, and 1256
which have passed the House and your favorable consideration is respectfully requested.
I have the honor to return herewith SB 21, 47, and 49 which have passed the House without
change.
Sen. Olson moved that the reports of the Standing Committee on
Judiciary on SB 114 as found on page 427 of the Senate Journal; also
Judiciary on SB 176 as found on page 428 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Peters moved that the word NOT be stricken from the report of the Committee on
Commerce and Energy on SB 87 as found on page 428 of the Senate Journal and that SB 87 be
placed on the calendar of Tuesday, February 22, the 25th legislative day.
The question being on Sen. Peters' motion that the word NOT be stricken from the report
of the Committee on Commerce and Energy on SB 87 and that SB 87 be placed on the calendar
of Tuesday, February 22, the 25th legislative day.
And the roll being called:
Yeas 21, Nays 12, Excused 2, Absent 0
Yeas:
Adelstein; Brown; Buhl; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Kraus; Maher; Nygaard; Peters; Rampelberg; Rhoden; Sutton;
Tidemann; Tieszen
Excused:
Krebs; Schlekeway
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
The Senate proceeded to the consideration of the executive appointment of Barry Jensen
of Mellette County, White River, South Dakota, to the Game, Fish and Parks Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Barry Jensen pursuant to the executive message as found on page 408 of the Senate Journal?"
And the roll being called:
Yeas 30, Nays 0, Excused 5, 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;
Sutton; Tieszen; Vehle
Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann
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 James C. Spies
of Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.
The question being "Does the Senate advise and consent to the executive appointment of
James C. Spies pursuant to the executive message as found on page 266 of the Senate Journal?"
And the roll being called:
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;
Sutton; Tieszen; Vehle
Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann
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 Patrick L.
Weber of McCook County, Montrose, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive appointment of
Patrick L. Weber pursuant to the executive message as found on page 266 of the Senate
Journal?"
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton;
Tieszen; Vehle
Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann
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 Terry Baloun
of Faulk County, Highmore, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive reappointment
of Terry Baloun pursuant to the executive message as found on page 261 of the Senate Journal?"
Yeas 29, Nays 0, Excused 6, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton;
Tieszen; Vehle
Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann
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 Randy Morris
of Lawrence County, Spearfish, South Dakota, to the State Board of Regents.
The question being "Does the Senate advise and consent to the executive reappointment
of Randy Morris pursuant to the executive message as found on page 262 of the Senate
Journal?"
And the roll being called:
Yeas 30, Nays 0, Excused 5, 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;
Sutton; Tieszen; Vehle
Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann
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 Steven Pirner
of Hughes County, Pierre, South Dakota, as Secretary of the Department of Environment and
Natural Resources.
And the roll being called:
Yeas 29, Nays 0, Excused 6, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton;
Tieszen; Vehle
Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season
provisions.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1056: FOR AN ACT ENTITLED, An Act to establish an additional time period during
which fireworks may be sold and discharged and to revise certain provisions regarding county
regulation of fireworks.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability
relationship between a trespasser and a person with a possessory interest in land.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on State Affairs.
HB 1144: FOR AN ACT ENTITLED, An Act to create a statutory lien for certain health
care providers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law
applicable to certain claims for damages.
Was read the first time and referred to the Committee on Judiciary.
HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sale of new or used vehicles and the sale of certain emergency vehicles.
Was read the first time and referred to the Committee on Commerce and Energy.
Sen. Olson moved that SB 126 and HB 1002, 1045, 1070, and 1133 be deferred to
Thursday, February 17, the 24th legislative day.
Which motion prevailed.
Sen. Olson moved that SB 152 be deferred to Tuesday, February 22nd, the 25th legislative
day.
Which motion prevailed.
SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
employment of a city manager and to declare an emergency.
Was read the second time.
And the roll being called:
Yeas 29, Nays 0, Excused 6, 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); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tieszen;
Vehle
Excused:
Brown; Krebs; Nygaard; Olson (Russell); Schlekeway; Tidemann
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 123: FOR AN ACT ENTITLED, An Act to allow military spouses to receive
unemployment compensation if they leave their jobs due to a spouse's military transfer.
Was read the second time.
The question being "Shall SB 123 pass?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, 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); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Sutton; Tieszen; Vehle
Excused:
Brown; Krebs; Schlekeway; Tidemann
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 158 pass?"
And the roll being called:
Yeas 29, Nays 2, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; 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; Sutton;
Tieszen; Vehle
Nays:
Bradford; Buhl
Excused:
Brown; Krebs; Schlekeway; Tidemann
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 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.
Was read the second time.
The question being "Shall SB 193 pass as amended?"
And the roll being called:
Yeas 30, Nays 2, Excused 3, 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; Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton;
Tieszen; Vehle
Excused:
Krebs; Schlekeway; Tidemann
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 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
assessment of agricultural land.
Was read the second time.
Sen. Heineman requested a roll call vote.
Which request was supported.
The question being on Sen. Novstrup's motion that HB 1001 be amended.
And the roll being called:
Yeas 13, Nays 17, Excused 5, Absent 0
Yeas:
Adelstein; Bradford; Brown; Haverly; Heineman; Holien; Johnston; Kraus; Lederman;
Novstrup (Al); Olson (Russell); Peters; Rampelberg
Excused:
Cutler; Gray; Krebs; Schlekeway; Tidemann
So the motion not having received an affirmative vote of a majority of the members-present, the President declared the motion lost.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 22, Nays 9, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Hundstad; Hunhoff (Jean); Johnston; Maher; Nelson (Tom); Nygaard; Putnam; Rave; Rhoden;
Sutton; Tieszen; Vehle
Nays:
Brown; Haverly; Heineman; Holien; Kraus; Novstrup (Al); Olson (Russell); Peters; Rampelberg
Excused:
Krebs; Lederman; Schlekeway; Tidemann
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 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
Was read the second time.
The question being "Shall HB 1015 pass?"
And the roll being called:
Yeas 30, Nays 0, Excused 5, Absent 0
Excused:
Brown; Krebs; Lederman; Schlekeway; Tidemann
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.
HB 1034: FOR AN ACT ENTITLED, An Act to revise the requirement for motor vehicle
liability insurance safety rating discounts for certain older motor vehicle drivers.
Was read the second time.
The question being "Shall HB 1034 pass as amended?"
And the roll being called:
Yeas 19, Nays 11, Excused 5, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Garnos; Hansen (Tom); Haverly;
Hundstad; Hunhoff (Jean); Johnston; Nelson (Tom); Nygaard; Putnam; Rave; Rhoden; Sutton;
Tieszen
Nays:
Brown; Fryslie; Heineman; Holien; Kraus; Maher; Novstrup (Al); Olson (Russell); Peters;
Rampelberg; Vehle
Excused:
Gray; Krebs; Lederman; Schlekeway; Tidemann
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.
The President publicly read the title to
SB 21: FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action
hardware on primary exit doors for specialty resorts and vacation homes.
SB 47: FOR AN ACT ENTITLED, An Act to revise certain firm ownership provisions
regarding real estate license holders and to make form and style revisions to certain provisions
related to the Real Estate Commission.
SB 49: FOR AN ACT ENTITLED, An Act to authorize the Real Estate Commission to
commence actions for injunctions against certain individuals and entities that engage in the
practice of real estate without a license issued and to provide for recovery of costs of the
injunction proceedings by the commission.
HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
private shooting preserves.
HB 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in
hunting certain animals.
HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how
South Dakota Retirement System survivor benefits and disability benefits are handled in regard
to children.
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.
HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
taxation of telecommunications companies.
HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual
financial reports of school districts are considered past due.
And signed the same in the presence of the Senate.
Sen. Nygaard moved that the Senate do now adjourn, which motion prevailed and at
4:07 p.m. the Senate adjourned.