The prayer was offered by the Chaplain, Rev. Jenny Hollenbeck, followed by the Pledge
of Allegiance led by Senate pages Sammi Nachtigal and Elizabeth Strohman.
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 thirty-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.
March 3, 2011
The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your
consent, I am honored to inform you that I have appointed General Timothy A. Reisch, Miner
County, Howard, South Dakota, to the position of Adjutant General.
This appointment is effective April 2, 2011.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1185 which was tabled.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1184, which was removed from the table, and returns the same without recommendation.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1233 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1079 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1110 and returns the same with the recommendation that said bill be amended as follows:
Section 2. After July 1, 2011, the secretary of the Department of Education shall distribute
the funds, on a one-time basis, appropriated by section 1 of this Act to school districts based on
fall enrollment as defined in subdivision 13-13-10.1(2A) at the same time that foundation
program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41,
inclusive.
Section 3. The secretary of the Department of Education shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act."
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1243 which was tabled.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1108 and 1113 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 68, 76, 130, 132, 146, and 202 and finds the same
correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 8, 10, 11, 12, 13, 20,
22, 32, 34, 36, 39, 43, 46, 51, 52, 64, 67, 69, 89, 94, 98, 103, 111, 113, 119, 120, 122, 125, 139,
147, 168, 184, 189, and 192 were delivered to his Excellency, the Governor, for his approval
at 10:40 a.m., March 7, 2011.
I have the honor to return herewith SB 76, 132, and 202 which have passed the House
without change.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1248 and has appointed Reps. Lust, Turbiville, and Fargen 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.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1008, 1174, and 1175.
Sen. Buhl moved that the Committee on Judiciary be instructed to deliver HB 1161 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion lost.
Sen. Krebs moved that the Senate do concur in House amendments to SB 77.
The question being on Sen. Krebs' motion that the Senate do concur in House amendments
to SB 77.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Adelstein; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien;
Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell);
Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Begalka; Bradford; Garnos; Heineman; Hundstad; Johnston; Novstrup (Al)
Excused:
Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
The question being on Sen. Cutler's motion that the Senate do concur in House
amendments to SB 80.
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); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Lederman moved that the Senate do concur in House amendments to SB 109.
The question being on Sen. Lederman's motion that the Senate do concur in House
amendments to SB 109.
And the roll being called:
Yeas 30, Nays 4, Excused 1, 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); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton
Nays:
Frerichs; Novstrup (Al); Tidemann; Tieszen
Excused:
Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
The question being on Sen. Adelstein's motion that the Senate do concur in House
amendments to SB 151.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Hundstad; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al);
Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen
Nays:
Brown; Holien; Hunhoff (Jean); Johnston; Peters; Putnam; Tidemann
Excused:
Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Lederman moved that the rules be suspended for the sole purpose of introducing,
giving first reading to, dispensing with committee referral, and immediately considering a
resolution relating to recidivism rates among juvenile offenders.
The question being on Sen. Lederman's motion that the rules be suspended for the sole
purpose of introducing, giving first reading to, dispensing with committee referral, and
immediately considering a resolution relating to recidivism rates among juvenile offenders.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann
Nays:
Bradford; Hunhoff (Jean); Peters; Tieszen
Excused:
Vehle
SCR 8 Introduced by: Senator Lederman and Representative Miller
Was read the first time, the President waived the referral to committee, and SCR 8 was up
for immediate consideration.
SCR 8: A CONCURRENT RESOLUTION, Supporting and encouraging efforts by the
South Dakota Department of Corrections to reduce recidivism rates among juvenile offenders
and to promote community-based services for juvenile offenders in lieu of residential placement.
Was read the second time.
Sen. Lederman moved that SCR 8 as found on page 626 of the Senate Journal be adopted.
The question being on Sen. Lederman's motion that SCR 8 be adopted.
Which motion prevailed.
Sen. Lederman moved that the rules be suspended for the sole purpose of introducing,
giving first reading, dispensing with committee referral, and immediately considering a
resolution relating to memorializing the Congress of the United States to balance the federal
budget.
The question being on Sen. Lederman's motion that the rules be suspended for the sole
purpose of introducing, giving first reading, dispensing with committee referral, and
immediately considering a resolution relating to memorializing the Congress of the United
States to balance the federal budget.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; 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; Vehle
Nays:
Tieszen
Excused:
Bradford
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.
SCR 9 Introduced by: Senators Lederman, Buhl, Frerichs, Gray, Hundstad, and Olson
(Russell) and Representatives Haggar and Bolin
Was read the first time and the President waived the referral to committee, and SCR 9 was
up for immediate consideration.
SCR 9: A CONCURRENT RESOLUTION, Memorializing the Congress of the United
States to balance the federal budget and hold itself to the same fiscal standards to which it
expects its citizens to adhere.
Was read the second time.
Sen. Lederman moved that SCR 9 as found on page 628 of the Senate Journal be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 9 was adopted.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Tuesday, March 8, the 34th legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Education on HB 1093 as found on page 607 of the Senate Journal; also
Appropriations on HB 1245 as found on page 609 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of Debra Flute
of Roberts County, South Dakota, to the Board of Pardons and Paroles.
The question being "Does the Senate advise and consent to the executive reappointment
of Debra Flute pursuant to the executive message as found on page 532 of the Senate Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Olson (Russell)
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 appointment of Scott A. Vance
of Meade County, Faith, South Dakota, to the State Brand Board.
The question being "Does the Senate advise and consent to the executive appointment of
Scott A. Vance pursuant to the executive message as found on page 407 of the Senate Journal?"
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); Novstrup (Al); Nygaard; Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Olson (Russell)
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 Catherine M.
Peterson of McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Catherine M. Peterson pursuant to the executive message as found on page 408 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Olson (Russell)
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain water project district voter
eligibility provisions.
Was read the second time.
The question being "Shall HB 1044 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.
Sen. Olson moved that HB 1194 and 1221 be deferred to Tuesday, March 8, the 34th
legislative day.
Which motion prevailed.
HB 1067: FOR AN ACT ENTITLED, An Act to revise the lookback period for the enhancement of penalties for multiple assaults and violations of protection orders.
The question being "Shall HB 1067 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; 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
Nays:
Begalka
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 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas
citizens to vote in the state.
The question being "Shall HB 1130 pass as amended?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann;
Tieszen
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 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain
seasonal employees and to declare an emergency.
Was read the second time.
The question being "Shall HB 1148 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; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Buhl; Frerichs; Hundstad; 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.
HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes
involving domestic violence to support domestic violence programs.
Was read the second time.
The question being "Shall HB 1154 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
HB 1208: FOR AN ACT ENTITLED, An Act to require the Board of Education to
promulgate rules providing for the training of school bus drivers, and to allow parents the option
to receive certain notices from public schools via electronic mail.
13-30-1. The following types of students who do not have access to bus service furnished
by the school district to which they are assigned to and from school are entitled to a
transportation or board and room allowance, provided in this chapter, paid by the district where
the student has school residence or by the district where the student attends if the district is
receiving tuition, regardless of the type or method of conveyance used for transportation:
Section 4. That § 13-30-2 be repealed.
13-30-2. Elementary and secondary pupils who live within the incorporated limits of a first
or second class municipality shall receive a transportation allowance only at the discretion of
the school board.
13-30-3. The amount of the transportation allowance is the rate established pursuant to § 3-9-1 per family for distances actually traveled in excess of five miles each way. No mileage may
be paid for extra trips to the schoolhouse which the school board does not consider necessary
nor for more miles than would be traveled if the shortest distance measured from the place on
a publicly used road nearest the dwelling house of the child to the schoolhouse site were
traveled. If children from more than one family are transported in the same vehicle mileage
payments shall may be paid to only one family. The school board may authorize additional miles
if prior approval is obtained to facilitate cooperative efforts among families to share
transportation duties. If children from more than one family are transported in a single vehicle,
reimbursement shall be at rates established by the school board. However, the mileage
reimbursement rate may not be less than the rate established pursuant to § 3-9-1. If, at the
request of the parents, elementary children are assigned to a school that is further from the
dwelling house than the nearest school, the board may limit the reimbursement to the mileage
to the nearest school within the district. All claims for transportation allowance shall be filed
with the school business manager not later than the close of the school fiscal year in which the
travel for which reimbursement is sought actually occurred.
Section 6. That § 13-30-4 be amended to read as follows:
13-30-4. When a student is entitled to a transportation allowance but transportation or bus
service is not practicable, the school board shall A school district may, at the discretion of the
school board, pay room and board in lieu of transportation for those students who are boarded
away from home to attend a public school at the rate per month as determined by the school
board. However, any student who either attends, or is required under any provision of this title
to attend at any school in his own district where dormitory facilities are furnished and available
for him, shall not be entitled to any allowance for board and room. "
The question being "Shall HB 1208 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, 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; Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Tidemann; Tieszen; Vehle
Nays:
Olson (Russell); Sutton
HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four
technical institutes.
Was read the second time.
The question being "Shall HB 1228 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, 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); Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
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.
HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real
estate, to appropriate the proceeds to the revolving economic development and initiative fund,
and to revise certain provisions relating to the sale of certain surplus property.
Was read the second time.
The question being "Shall HB 1231 pass as amended?"
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Hundstad; Vehle
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 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real
estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the
sale of certain surplus property.
Was read the second time.
The question being "Shall HB 1232 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Hundstad
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 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports
to be made to the Board of Economic Development.
Was read the second time.
The question being "Shall HB 1234 pass?"
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Hundstad
Excused:
Olson (Russell)
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 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.
Was read the second time.
The question being "Shall HB 1240 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.
HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to disasters in the state.
Was read the second time.
The question being "Shall HB 1244 pass as amended?"
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Fryslie; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Nays:
Buhl; Frerichs; Garnos; Gray; Hundstad
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 1003: FOR AN ACT ENTITLED, An Act to permit the Interim Rules Review
Committee to revert a rule if the rule imposes unreasonable costs.
Was read the second time.
The question being "Shall HB 1003 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, 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; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Maher
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 second time.
The question being "Shall HB 1087 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.
Sen. Olson moved that HB 1141, 1145, 1219, 1235, 1242, and 1255 be deferred to
Tuesday, March 8, the 34th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of public funds in bonds issued by or direct obligations of certain political subdivisions or bonding authorities of the state.
SB 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of
State to conduct certain local elections when an emergency exists.
SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct
and own electric transmission lines to incumbent electric utilities.
SB 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for
retailers that do not have nexus in South Dakota which are selling tangible personal property,
services, or products transferred electronically for use in South Dakota.
SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation
Advisory Council.
HB 1040: FOR AN ACT ENTITLED, An Act to provide jurisdiction for clerk magistrates
to accept certain penalties.
HB 1069: FOR AN ACT ENTITLED, An Act to define electronic communication devices
for certain crimes involving threatening or harassing calls.
HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in
highway rights-of-way.
HB 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.
HB 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company
premium and annuity taxes applied to court appearance bonds and to establish an annual fee for
certificate of authority for domestic insurers issuing court appearance bonds.
HB 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local
elections to notify the secretary of state when the dates of elections have been set.
HB 1180: FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated
provisions regarding land surveying.
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.
HB 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings
pertaining to the decision of a pregnant mother considering termination of her relationship with
her child by an abortion, to establish certain procedures to better insure that such decisions are
voluntary, uncoerced, and informed, and to revise certain causes of action for professional
negligence relating to performance of an abortion.
And signed the same in the presence of the Senate.
Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at
4:24 p.m. the Senate adjourned.