The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge
of Allegiance led by Senate pages Raquel Hohn and Cassandra Mraz.
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-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.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 3, 2011, I approved Senate Bills 1, 2, 4, 6,
23, 25, 26, 27, 28, 37, 40, 45, 59, 70, 110, and 112, and the same have been deposited in the
office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 7, 2011, I approved Senate Bills 24, 38, 53,
61, 62, 66, 75, 90, 95, 106, 108, 129, and 142, and the same have been deposited in the office
of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 48, 65, 77, 80, 102, 109, 151, 193, and 194 and finds
the same correctly enrolled.
Also MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that SB 55, 57, 93, 101, 114,
121, 158, and 187 were delivered to his Excellency, the Governor, for his approval at 10:28
a.m., March 8, 2011.
I have the honor to return herewith SB 48, 65, 102, 193, and 194 which have passed the
House without change.
I have the honor to inform your honorable body that SB 99 and 124 were lost on second
reading and final passage.
I have the honor to return herewith SB 33, 35, 44, 133, 173, 176, and 191 which have been
amended by the House and your concurrence in the amendments is respectfully requested.
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.
Having had its second reading was up for consideration.
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.
Sen. Olson moved as a substitute motion that SCR 8 be laid on the table.
The question being on Sen. Olson's motion that SCR 8 be laid on the table.
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Nays:
Begalka; Bradford; Buhl; Hundstad; Maher; Sutton
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Olson moved that the reports of the Standing Committees on
State Affairs on HB 1110 as found on page 621 of the Senate Journal be adopted.
Which motion prevailed.
The question being on Sen. Cutler's motion that the words "without recommendation" be
stricken from the report of the Committee on Judiciary on HB 1184, that the words "do pass"
be inserted, and that the bill be placed to precede HB 1141 on the calendar of Tuesday, March
8 the 34th legislative day.
And the roll being called:
Yeas 11, Nays 24, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Hundstad; Kraus; Nelson (Tom); Nygaard; Rhoden;
Sutton
Nays:
Begalka; Brown; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff
(Jean); Johnston; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Schlekeway; Tidemann; Tieszen; Vehle
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HB 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the
purchase of firearms by out-of-state residents.
Was read the second time.
The question being "Shall HB 1079 pass?"
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 be placed to follow HB 1245 on today's calendar.
Which motion prevailed.
Sen. Olson moved that HB 1194 and 1235 be placed to precede HB 1110 on today's
calendar.
Which motion prevailed.
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 second time.
The question being "Shall HB 1145 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Nays:
Cutler; Holien; Hundstad; 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.
HB 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against
precipitous eviction to certain long-term tenants at will.
Was read the second time.
The question being "Shall HB 1219 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; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Maher; 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.
HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving
safety.
Was read the second time.
The question being "Shall HB 1221 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Nays:
Maher; Peters
Excused:
Brown
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 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 second time.
The question being "Shall HB 1242 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Brown
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 1255: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical
custody of children under certain circumstances.
Was read the second time.
The question being "Shall HB 1255 pass as amended?"
And the roll being called:
Yeas 13, Nays 20, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Frerichs; Garnos; Gray; Heineman; Johnston; Krebs; Lederman; Nelson
(Tom); Olson (Russell); Putnam; Schlekeway
Nays:
Adelstein; Buhl; Cutler; Fryslie; Hansen (Tom); Haverly; Holien; Hundstad; Hunhoff (Jean);
Kraus; Maher; Novstrup (Al); Nygaard; Peters; Rampelberg; Rhoden; Sutton; Tidemann;
Tieszen; Vehle
Excused:
Brown; Rave
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 the Senate do now recess until 3:00 p.m., which motion prevailed
and at 12:01 p.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 6.
The Conference Committee respectfully reports that it has considered SB 96 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 96 be amended as follows:
"Any document that does not conform to the requirements of subdivisions (1) to (6),
inclusive, has the same effect as conforming documents for all recording purposes, including
establishing priority."
"Twenty percent of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and
(4) shall be deposited in the county register of deeds technology expense relief fund created
pursuant to section 8 of this Act."
"Section 8. There is established a county registers of deeds technology expense relief fund
administered by the South Dakota Association of County Officials and the county registers of
deeds technology expense relief board. Expenditures from the fund, including the cost to
administer the program, shall be approved by the board.
Section 9. There is established a county technology expense relief board to consist of the county registers of deeds elected to the executive board of the South Dakota Association of
County Officials. Per diem costs for the board shall be established by the executive board of the
association and shall be paid from funds collected by the association.
Section 10. The board established in section 9 of this Act shall promulgate administrative
rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate
the administration and distributions associated with the county registers of deeds technology
expense relief fund.
Section 11. The county register of deeds shall credit the fee deposited in the county registers
of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of
the month following the collection of the recording fees.
Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July
thirty-first, the board shall compute each county's share as provided in sections 13 of this Act.
The board shall certify each county's share of the total fund and remit the share to the county
auditor on or before the second Tuesday in August of each year.
Section 13. Each county shall receive from the county registers of deeds technology expense
relief fund assessment the following portions of the fund:
| AURORA | 1.033 % |
| BEADLE | 2.945 % |
| BENNETT | 0.562 % |
| BON HOMME | 1.247 % |
| BROOKINGS | 3.034 % |
| BROWN | 4.671 % |
| BRULE | 1.078 % |
| BUFFALO | 0.249 % |
| BUTTE | 1.173 % |
| CAMPBELL | 0.667 % |
| CHARLES MIX | 1.621 % |
| CLARK | 1.318 % |
| CLAY | 1.487 % |
| CODINGTON | 2.872 % |
| CORSON | 0.971 % |
| CUSTER | 0.773 % |
| DAVISON | 2.399 % |
| DAY | 1.740 % |
| DEUEL | 1.063 % |
| DEWEY | 0.636 % |
| DOUGLAS | 0.811 % |
| EDMUNDS | 1.193 % |
| FALL RIVER | 1.035 % |
| FAULK | 0.986 % |
| GRANT | 1.822 % |
| GREGORY | 1.276 % |
| HAAKON | 0.871 % |
| HAMLIN | 1.025 % |
| HAND | 1.274 % |
| HANSON | 0.758 % |
| HARDING | 0.802 % |
| HUGHES | 1.720 % |
| HUTCHINSON | 1.724 % |
| HYDE | 0.518 % |
| JACKSON | 0.580 % |
| JERAULD | 0.707 % |
| JONES | 0.546 % |
| KINGSBURY | 1.527 % |
| LAKE | 1.703 % |
| LAWRENCE | 1.825 % |
| LINCOLN | 2.069 % |
| LYMAN | 0.953 % |
| McCOOK | 1.066 % |
| McPHERSON | 1.026 % |
| MARSHALL | 1.286 % |
| MEADE | 2.055 % |
| MELLETTE | 0.553 % |
| MINER | 0.944 % |
| MINNEHAHA | 10.463 % |
| MOODY | 1.308 % |
| PENNINGTON | 5.862 % |
| PERKINS | 1.418 % |
| POTTER | 0.878 % |
| ROBERTS | 1.881 % |
| SANBORN | 0.874 % |
| SHANNON | 0.297 % |
| SPINK | 2.164 % |
| STANLEY | 0.594 % |
| SULLY | 0.803 % |
| TODD | 0.536 % |
| TRIPP | 1.633 % |
| TURNER | 1.705 % |
| UNION | 1.605 % |
| WALWORTH | 1.144 % |
| YANKTON | 2.296 % |
| ZIEBACH | 0.418 % |
Section 14. On the second Tuesday in August of each year, the board shall disburse each
county's share to the county auditor. At the approval of the county commissioners, the
disbursement shall be used to obtain, maintain, and update technology and equipment used to
provide services for the office of the register of deeds. The first disbursement of this fund may
not occur before August 14, 2012.
Section 15. The county registers of deeds technology expense relief fund shall be audited
annually by the appropriate auditing agency.
Section 16. The board may accept any gifts, contributions, or funds obtained from any other
source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act.
The administration and expenditure of these funds shall be in accordance with the provisions
of sections 8 to 17, inclusive, of this Act.
I have the honor to inform your honorable body that SB 31 was lost on second reading and
final passage.
I have the honor to inform your honorable body that SB 136 was tabled.
HB 1093: FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain
school districts from the requirement to reorganize.
Was read the second time.
The question being "Shall HB 1093 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
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 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota
endowment fund.
Was read the second time.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Cutler; Frerichs; Garnos; Hansen (Tom); Heineman; Johnston; Kraus;
Krebs; Lederman; Maher; Novstrup (Al); Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tieszen
Nays:
Bradford; Brown; Buhl; Fryslie; Gray; Haverly; Holien; Hundstad; Hunhoff (Jean); Nelson
(Tom); Olson (Russell); Peters; Putnam; Tidemann; Vehle
Excused:
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 1235: FOR AN ACT ENTITLED, An Act to create the Board of Regents performance
improvement fund and make an appropriation therefor.
Was read the second time.
Section 2. The Board of Regents may accept for the purposes of this Act any funds obtained
from federal sources, gifts, contributions, or any other source if such acceptance and expenditure
is approved in accordance with § 4-8B-10.
Section 3. There is hereby appropriated from the general fund the sum of one million five
hundred thousand dollars ($1,500,000), or so much thereof as may be necessary, to the Board
of Regents performance improvement fund.
Section 4. The executive director of the Board of Regents shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act."
The question being "Shall HB 1235 pass as amended?"
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; Krebs; Lederman; Nelson (Tom); Novstrup
(Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Bradford; Hunhoff (Jean); Kraus; Maher
Excused:
Nygaard
HB 1110: FOR AN ACT ENTITLED, An Act to appropriate funding for the purpose of
a one-time increase in state aid to education.
The question being "Shall HB 1110 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, 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); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
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 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by
certain aviation products.
Was read the second time.
The question being "Shall HB 1233 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); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
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 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
travel reimbursements for county veterans' service officers.
Was read the second time.
The question being "Shall HB 1245 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Johnston; 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 1141: FOR AN ACT ENTITLED, An Act to provide for a special initiative process
during the 2011 interim.
Was read the second time.
Which request was supported.
The question being on Sen. Nelson's motion that HB 1141 be further amended.
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Brown; Buhl; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Kraus; Krebs; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Tieszen
Nays:
Adelstein; Begalka; Bradford; Cutler; Frerichs; Garnos; Gray; Hundstad; Hunhoff (Jean);
Johnston; Lederman; Sutton; Tidemann; Vehle
Excused:
Nygaard
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle
Nays:
Bradford; Garnos; Gray; Hundstad; Johnston; Sutton
Excused:
Maher; 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 when we adjourn today, we adjourn to convene at 10:00 a.m. on
Wednesday, March 9, the 35th legislative day.
Which motion prevailed.
SC 21 Introduced by: Senator Nelson (Tom) and Representatives Romkema and Turbiville
SC 22 Introduced by: Senator Nelson (Tom) and Representatives Turbiville and Romkema
The President publicly read the title to
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.
SB 65: FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by
certain accrediting agencies other than the Department of Education to become members of the
South Dakota High School Activities Association.
SB 77: FOR AN ACT ENTITLED, An Act to require school boards to approve pick-up
locations for any open enrolled students who are transported in their resident school districts by
receiving school districts.
SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions
for recovery of damages for personal injury or death to municipal officers, employees, and
volunteers.
SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the
assessment of property for school districts.
SB 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to
promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to
timely file lobbyist or lobbyist employer reports, and to repeal certain provisions concerning
lobbyists who fail to comply with certain requirements.
SB 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions and
renewal requirements of massage therapy licensure.
SB 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.
SB 194: FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive
Advisory Task Force and to provide for the appointment of the task force members.
HB 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation
of appraisal management companies.
HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.
HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship
program.
HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development
fund, to provide for its administration, and to make an appropriation therefor.
And signed the same in the presence of the Senate.
Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at
4:24 p.m. the Senate adjourned.