The prayer was offered by the Chaplain, Rev. Don Block, followed by the Pledge of
Allegiance led by Senate page Regan Olson.
Roll Call: All members present except Sen. Nygaard 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-sixth 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 David Linngren, Watertown School District Board of Education,
who was selected as the Associated School Boards of South Dakota Outstanding School Board
Member for 2010, to the body.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1007, 1246, 1247, and 1249 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
HB 1008 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
HB 1196 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Julie A. Mathiesen of Meade County, Sturgis, 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 appointment.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration the
nomination of Kathryn Johnson of Pennington County, Hill City, 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 Harvey Jewett of Brown County, Aberdeen, 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
HB 1153 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1207 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1056 and 1058 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1184 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1047 and returns the same with the recommendation that said bill do
pass.
I have the honor to return herewith SB 1, 59, and 112 which have passed the House without
change.
I have the honor to transmit herewith HCR 1009 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1128, 1219, 1240, 1242, 1243, 1244, and 1255
which have passed the House and your favorable consideration is respectfully requested.
HCR 1004: A CONCURRENT RESOLUTION, Making certain legislative findings about
the constitutionality of the federal health care system.
Was read the second time.
Sen. Begalka moved that the Senate do concur in HCR 1004 as found on page 278 of the
House Journal.
The question being on Sen. Begalka's motion that the Senate do concur in HCR 1004.
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al);
Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen;
Vehle
Excused:
Cutler; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1004 was concurred in.
HCR 1009: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of
federal inspection programs governing equine slaughter and processing facilities.
Was read the first time, the President waived the referral to committee, and placed
HCR 1009 on the calendar of Friday, February 25, the 28th legislative day.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, February 25, the 28th legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Transportation on HB 1085 as found on page 495 of the Senate Journal; also
Local Government on HB 1173 as found on page 495 of the Senate Journal be adopted.
Which motion prevailed.
HB 1128: FOR AN ACT ENTITLED, An Act to modify the registration of certain
anemometer towers used for wind energy testing purposes.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against
precipitous eviction to certain long-term tenants at will.
HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification
cards as the equivalent of certain state-issued documents for identification purposes.
Was read the first time and referred to the Committee on Judiciary.
HB 1243: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the
general fund of a school district.
Was read the first time and referred to the Committee on State Affairs.
HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to disasters in the state.
Was read the first time and referred to the Committee on Appropriations.
HB 1255: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical
custody of children under certain circumstances.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain
political subdivisions purchase an accounting manual.
Was read the second time.
The question being "Shall HB 1081 pass?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting
hearings to vacate municipal streets or alleys.
Was read the second time.
The question being "Shall HB 1092 pass?"
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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local
historic preservation projects.
Was read the second time.
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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow
a person in charge of election to use the state system.
Was read the second time.
The question being "Shall HB 1162 pass?"
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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 HB 1041 be deferred to Monday, February 28, the 29th legislative day.
Sen. Olson moved that HB 1044, 1070, 1119, 1146, and 1216 be deferred to Friday,
February 25, the 28th legislative day.
Which motion prevailed.
HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
documentation of data used to make adjustments during the assessment process for factors that
affect the capacity of the land to produce agricultural products.
Was read the second time.
The question being "Shall HB 1002 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Hundstad;
Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Adelstein; Brown; Heineman; Holien; Kraus; Novstrup (Al); Olson (Russell); Peters
Excused:
Haverly; Nygaard
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 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide
preventive and therapeutic services to more persons under certain circumstances.
Was read the second time.
The question being "Shall HB 1045 pass as amended?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
extraterritorial jurisdiction of municipalities.
Was read the second time.
The question being "Shall HB 1118 pass as amended?"
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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
excusal of a child from school.
Was read the second time.
The question being "Shall HB 1133 pass as amended?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship
program.
Was read the second time.
The question being "Shall HB 1175 pass as amended?"
And the roll being called:
Yeas 23, Nays 10, Excused 2, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Garnos; Gray; Hansen (Tom); Heineman;
Hundstad; Johnston; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Olson (Russell); Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Begalka; Brown; Fryslie; Holien; Hunhoff (Jean); Kraus; Maher; Peters; Putnam; Rampelberg
Excused:
Haverly; Nygaard
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
Sen. Gray announced his intention to reconsider the vote by which HB 1175 lost.
HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of campaign finance disclosure statements.
The question being "Shall HB 1094 pass as amended?"
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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Haverly; Nygaard
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.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 1, 59, and 112 and finds the same correctly enrolled.
The President publicly read the title to
SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain
statutes related to natural resources.
SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that
counties are not responsible for constructing, repairing, and maintaining roads contained in
improvement districts.
And signed the same in the presence of the Senate.
Sen. Schlekeway moved that the Senate do now adjourn, which motion prevailed and at
3:14 p.m. the Senate adjourned.