The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate pages Kendra Lauer and Elizabeth Strohman.
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-third day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
SENATE PAGE RESOLUTION 3 Introduced by: Senators 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-sixth
Legislature of the State of South Dakota to Leah Cypher, Elaina Deadrick, Cristina Drey,
Ashley Higdon, Kendra Lauer, Frankie Lux, Cassandra Mraz, Sammi Nachtigal, Olivia
Siglin, Elizabeth Strohman, Mariah Waters
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-sixth
Legislative Session; and
WHEREAS, the members of the Eighty-sixth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Nelson moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Nelson's motion that Senate Page Resolution 3 be adopted.
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); Peters; Putnam; Rampelberg;
Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs; Schlekeway
There being no objection, the Senate reverted to Order of Business No. 4.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 17, 2011, I approved Senate Bill 9, and the
same has been deposited in the office of the Secretary of State.
The Committee on Education respectfully reports that it has had under consideration
HB 1175 and returns the same with the recommendation that said bill be amended as follows:
"The amount of the scholarship shall be calculated as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Richard Gowen of Pennington County, Rapid City, South Dakota, to the South
Dakota Board of Education 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 Donald Kirkegaard of Marshall County, Britton, South Dakota, to the South
Dakota Board of Education 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 197 which was tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 48 and 143 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 202 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 161 and returns the same with the recommendation that said bill be amended
as follows:
"Section 12. Nothing in this Act prohibits preferential treatment toward any veteran."
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 182 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 141
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 156
and returns the same with the recommendation that said bill be amended as follows:
"Section 2. For the purposes of this Act, an unauthorized alien is any person who does not
have the legal right or authorization under federal law to work in the United States."
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 172
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Lynnette B. Gordon of Lawrence County, Deadwood, South Dakota, to the Crime
Victims' Compensation Commission and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said reappointment.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 19 and 42 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 5 was delivered to
his Excellency, the Governor, for his approval at 10:20 a.m., February 17, 2011.
I have the honor to return herewith SB 19 and 42 which have passed the House without
change.
I have the honor to transmit herewith HB 1033, 1053, 1149, 1169, 1192, 1201, 1228, 1235,
1246, 1247, and 1249 which have passed the House and your favorable consideration is
respectfully requested.
Sen. Olson moved that the reports of the Standing Committees on
Appropriations on SB 124 as found on page 444 of the Senate Journal; also
Health and Human Services on SB 140 as found on page 442 of the Senate Journal; also
Local Government on HB 1118 as found on page 444 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Pat Costello
of Hughes County, Pierre, South Dakota, as Secretary of the Department of Tourism and State
Development.
The question being "Does the Senate advise and consent to the executive appointment of
Pat Costello pursuant to the executive message as found on page 311 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); Peters; Putnam; Rampelberg;
Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs; Schlekeway
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 Patricia
LeBrun of Pennington County, Rapid City, South Dakota, to the South Dakota Science and
Technology Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of Patricia LeBrun pursuant to the executive message as found on page 267 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 1, 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;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Krebs; Schlekeway
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation
of appraisal management companies.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1053: FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice
to abutting counties when changing the county plan or ordinances.
Was read the first time and referred to the Committee on Local Government.
HB 1149: FOR AN ACT ENTITLED, An Act to allow legal residents of the United States
to obtain a concealed pistol permit.
Was read the first time and referred to the Committee on State Affairs.
HB 1169: FOR AN ACT ENTITLED, An Act to provide for the enlargement of special
zoning areas, to revise certain provisions regarding special zoning areas, and to provide for the
appointment of special zoning area commissions.
Was read the first time and referred to the Committee on Local Government.
HB 1192: FOR AN ACT ENTITLED, An Act to increase certain registration fees for the
use of motor vehicles on the public highways.
Was read the first time and referred to the Committee on Transportation.
HB 1201: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water
development districts.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Education.
HB 1235: FOR AN ACT ENTITLED, An Act to require an interim legislative study of the
state's delivery of postsecondary education, how it compares to other models of delivery, and
the economic impact of other models of delivery.
Was read the first time and referred to the Committee on Education.
HB 1246: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse
certain family physicians, midlevel practitioners, and dentists who have complied with the
requirements of the physician tuition reimbursement program, the midlevel tuition
reimbursement program, and the dental tuition reimbursement program.
Was read the first time and referred to the Committee on Appropriations.
HB 1247: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property
and sales tax refunds for certain elderly persons and persons with a disability.
Was read the first time and referred to the Committee on Appropriations.
HB 1249: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year
2011 state aid to special education appropriation to fiscal year 2012.
Was read the first time and referred to the Committee on Appropriations.
Sen. Brown requested that HB 1044 be removed from the Consent Calendar.
HB 1057: FOR AN ACT ENTITLED, An Act to repeal the provision that requires the
county auditor to assist in locating unregistered mobile homes.
Was read the second time.
The question being "Shall HB 1057 pass?"
And the roll being called:
Yeas:
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; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Krebs; Schlekeway
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 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
appointment of municipal officers.
Was read the second time.
The question being "Shall HB 1096 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
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; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Krebs; Schlekeway
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 114, 126, 136, 176, 187, and 188 and HB 1002, 1045, 1070, and
1133 be deferred to Tuesday, February 22nd, the 25th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 19: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor
carrier safety and the transportation of hazardous materials.
SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
exemption from the motor fuel tax for bulk fuel transfers into a terminal.
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.
And signed the same in the presence of the Senate.
SC 13 Introduced by: Senators Cutler, Adelstein, Begalka, Bradford, Brown, Buhl,
Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff
(Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Nygaard, Olson (Russell), Peters,
Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and
Representatives Greenfield, Abdallah, Bolin, Boomgarden, Brunner, Conzet, Cronin, Deelstra,
Dryden, Gosch, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Juhnke, Kirkeby,
Kopp, Liss, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Perry,
Rausch, Rozum, Russell, Schaefer, Sly, Solum, Stricherz, Tornow, Tulson, Turbiville, Van
Gerpen, Vanneman, Venner, White, Wick, and Willadsen
Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at
2:38 p.m. the Senate adjourned.