The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of
Allegiance led by Senate pages Matilyn Kerr and Max Kennedy.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages _ Kara Fischbach, Peyton Healy, Sophie Iversen, Max Kennedy, Matilyn Kerr,
Victoria Kinkler, Regan Olson, Sadie Stevens, Jesse Todd
Which was subscribed to and placed on file in the office of the Secretary of State.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 185 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 190 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. That section 5 of chapter 25 of the 2010 Session Laws be amended to read as
follows:
DEPARTMENT OF TOURISM AND STATE DEVELOPMENT
(1) Economic Development
Operating Expenses, Other Funds, delete "$11,158,712" and insert "$18,352,382"
Adjust all totals accordingly."
"Section 13. That section 13 of chapter 25 of the 2010 Session Laws be amended to read
as follows:
BOARD OF REGENTS
(1) Regents Central Office
Adjust all totals accordingly."
Personal Services, Federal Funds, delete "$5,406,483" and insert "$8,556,483"
Personal Services, Other Funds, delete "$9,566,241" and insert "$12,566,241"
Operating Expenses, Federal Funds, delete "$13,869,139" and insert "$22,719,139"
Operating Expenses, Other Funds, delete "$14,426,876" and insert "$20,926,876"
FTE, delete "318.8" and insert "333.8"
Personal Services, Federal Funds, delete "$1,273,661" and insert "$1,723,661"
Personal Services, Other Funds, delete "$9,323,565" and insert "$10,373,565""
Operating Expenses, Other Funds, delete "$8,554,279" and insert "$10,054,279"
FTE, delete "249.8" and insert "259.8"
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 191 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Education respectfully reports that it has had under consideration
SB 133 and returns the same with the recommendation that said bill be amended as follows:
13-13-74. Except as provided in § 13-13-39, payment from funds provided in aid of the
public schools in any school fiscal year shall be made in twelve monthly installments on or
about the thirtieth first of each month, or the first working day thereafter. For the period July
first to December thirty-first, inclusive, the total of the six payments shall be one-half of local
need of current school fiscal year less local effort for the period July first to December
thirty-first, inclusive. For the period January first to June thirtieth, inclusive, the total of the six
payments shall be one-half of local need of current school fiscal year less local effort for the
period January first to June thirtieth, inclusive.
Section 2. Notwithstanding the provisions of § 13-13-74, payment from funds appropriated
for state aid to general education pursuant to chapter 13-13 for the period of July 1, 2011 to
December 31, 2011, inclusive, shall be made in five monthly installments beginning on August
1, 2011. The total of the five payments shall be calculated by the secretary of education to
account for the change in the monthly payment date pursuant to section 1 of this Act.
Section 3. The amount of money appropriated for state aid to general education for school
fiscal year 2012 that, as a result of the change in the monthly payment date pursuant to section
1 of this Act, is in excess of the amount of money necessary to meet the entitlement provided
for in chapter 13-13, and to meet any shortfall pursuant to subdivision 13-13-73(4) is not subject
to reversion pursuant to § 4-8-19. Instead, the excess money shall be distributed in school fiscal
year 2012 to all school districts receiving state aid pursuant to chapter 13-13 on a pro rata basis
according to each eligible school district's fall enrollment compared to the total fall enrollment
of all eligible school districts.
Section 4. The provisions of this Act are effective on July 2, 2011."
districts, and to provide for the redistribution of certain funds appropriated for state aid to
education."
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 149 and returns the same with the recommendation that said bill be amended as follows:
"Section 5. For the purposes of this Act, a licensed health care provider is a person who is:
The Committee on Judiciary respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
SB 164, which was removed from the table, 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 178
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 163
and 179 which were deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Walter Bones of Turner County, Chancellor, South
Dakota, to the position of Secretary of the Department of Agriculture 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 HB 1098 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 134, 135, and 174 which were deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Pamela Roberts of Hughes County, Pierre, South Dakota, to
the position of Secretary of the Department of Labor 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 Commerce and Energy respectfully reports that it has had under
consideration SB 180 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 45, 70, and 110 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 21, 47, and 49 were
delivered to his Excellency, the Governor, for his approval at 10:12 a.m., February 22, 2011.
I have the honor to return herewith SB 45, 70, and 110 which have passed the House
without change.
I have the honor to transmit herewith HB 1215, 1230, and 1248 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1007 and 1008 which have been adopted by the
House and your concurrence is respectfully requested.
HCR 1007: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as
observer in the International Civil Aviation Organization and United Nations Framework
Convention on Climate Change.
Was read the first time, the President waived the referral to committee, and placed
HCR 1007 on the calendar of Wednesday, February 23, the 26th legislative day.
HCR 1008: A CONCURRENT RESOLUTION, Expressing opposition to the U.S. Army
Corps of Engineers' proposal to levy fees for the storage of water in the Missouri River
reservoirs.
Was read the first time, the President waived the referral to committee, and placed
HCR 1008 on the calendar of Wednesday, February 23, the 26th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Judiciary on SB 141 as found on page 464 of the Senate Journal; also
Judiciary on SB 156 as found on page 464 of the Senate Journal; also
Commerce and Energy on SB 161 as found on page 463 of the Senate Journal; also
Judiciary on SB 172 as found on page 465 of the Senate Journal; also
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Lynnette B.
Gordon of Lawrence County, Deadwood, South Dakota, to the Crime Victims' Compensation
Commission.
The question being "Does the Senate advise and consent to the executive reappointment
of Lynnette B. Gordon pursuant to the executive message as found on page 324 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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
Excused:
Adelstein
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 Richard
Gowen of Pennington County, Rapid City, South Dakota, to the South Dakota Board of
Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Richard Gowen pursuant to the executive message as found on page 269 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Adelstein
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 Donald
Kirkegaard of Marshall County, Britton, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Donald Kirkegaard pursuant to the executive message as found on page 269 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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
Excused:
Adelstein
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the
motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the
distribution of such motor fuel tax.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on State Affairs.
HB 1248: FOR AN ACT ENTITLED, An Act to repeal the sunset of the one-half percent
increase in the gross receipts tax imposed on visitor-related businesses.
Was read the first time and referred to the Committee on State Affairs.
SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation
Advisory Council.
Was read the second time.
The question being "Shall SB 202 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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
Excused:
Adelstein
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 and 152 be deferred to Wednesday, February 23, the 26th
legislative day.
Which motion prevailed.
Was read the second time.
Which motion was unanimously supported.
Sen. Maher's motion to further amend SB 74 prevailed.
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall SB 77 pass as amended?"
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Adelstein; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Holien; Hunhoff
(Jean); Kraus; Krebs; Maher; Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Begalka; Bradford; Garnos; Gray; Heineman; Hundstad; Johnston; Lederman; Nelson (Tom);
Novstrup (Al); Rhoden; 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.
SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate
maintenance action be restrained from making changes to insurance coverage.
Was read the second time.
The question being "Shall SB 114 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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
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 136: FOR AN ACT ENTITLED, An Act to enhance certain provider services.
Was read the second time.
The question being "Shall SB 136 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking,
to establish the elements and degrees of the crime, and to provide penalties for the violation
thereof.
Was read the second time.
The question being "Shall SB 176 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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
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 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy
inspection fund.
Was read the second time.
The question being "Shall SB 187 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; 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
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 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
eligibility of National Guard members for certain graduate tuition reductions.
Was read the second time.
The question being "Shall SB 188 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Tidemann; Tieszen; Vehle
Nays:
Buhl; Frerichs; Nygaard; Sutton
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 the Senate do now recess until 4:10 p.m., which motion prevailed and at 3:32 p.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1034 and has appointed Reps. Solum, Willadsen, and Hawley as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced Sens. Nelson, Peters, and Buhl as a committee of three on the
part of the Senate to meet with a like committee on the part of the House to adjust the
differences between the two houses on HB 1034.
Was read the second time.
The question being "Shall SB 87 pass?"
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Buhl; Gray; Haverly; Heineman; Hunhoff (Jean); Krebs; Nelson (Tom);
Nygaard; Peters; Schlekeway; Tieszen
Excused:
Novstrup (Al)
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
consumption of distilled spirits in public and to provide certain penalties for consumption of
alcoholic beverages.
Was read the second time.
The question being "Shall SB 48 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; Krebs;
Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Novstrup (Al)
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 124: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops
Institute.
Was read the second time.
The question being "Shall SB 124 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Nays:
Gray; Maher; Vehle
Excused:
Novstrup (Al)
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 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities
to ensure access to health care within a reasonable distance.
Was read the second time.
The question being "Shall SB 140 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; 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); Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Brown; Peters
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 143 pass as amended?"
And the roll being called:
Yeas 7, Nays 28, Excused 0, Absent 0
Yeas:
Adelstein; Gray; Haverly; Kraus; Nygaard; Rampelberg; Tieszen
Nays:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Vehle
So the bill not having received an affirmative vote of a majority of the members-elect,
the President declared the bill lost.
Sen. Olson moved that HB 1002, 1044, 1045, 1070, 1118, and 1133 be deferred to
Wednesday, February 23, the 26th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 45: FOR AN ACT ENTITLED, An Act to repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.
SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
collateral real estate mortgages.
HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
assessment of agricultural land.
HB 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
And signed the same in the presence of the Senate.
Sen. Putnam moved that the Senate do now adjourn, which motion prevailed and at
4:43 p.m. the Senate adjourned.