The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of
Allegiance led by Senate pages Max Kennedy and William Wiseman.
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-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.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of General Timothy A. Reisch of Miner County, Howard, South Dakota, to the
position of Adjutant General and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said appointment.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 140, 149, 178, and 196 and finds the same correctly
enrolled.
The Committee on Legislative Procedure respectfully reports that SB 68, 76, 130, 132, 146,
and 202 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March
9, 2011.
I have the honor to inform your honorable body that SB 156 and 188 were lost on second
reading and final passage.
I have the honor to inform your honorable body that SB 185 was tabled.
I have the honor to return herewith SB 3, 86, 152, 190, and 200 which have been amended
by the House and your concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 140, 149, 178, and 196 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 1208 and has appointed Reps. Gosch, Novstrup, 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.
Sen. Tieszen moved that the Senate do concur in House amendments to SB 33.
The question being on Sen. Tieszen's motion that the Senate do concur in House
amendments to SB 33.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Buhl; Garnos; Hunhoff (Jean); Vehle
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
The question being on Sen. Tieszen's motion that the Senate do concur in House
amendments to SB 35.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Buhl; Hunhoff (Jean); 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. Nelson moved that the Senate do concur in House amendments to SB 44.
The question being on Sen. Nelson's motion that the Senate do concur in House
amendments to SB 44.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Buhl; Hunhoff (Jean); 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. Rave moved that the Senate do concur in House amendments to SB 133.
The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 133.
Yeas 26, Nays 6, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell);
Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen
Nays:
Bradford; Frerichs; Garnos; Hundstad; Maher; Sutton
Excused:
Buhl; Hunhoff (Jean); 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. Cutler moved that the Senate do concur in House amendments to SB 173.
The question being on Sen. Cutler's motion that the Senate do concur in House
amendments to SB 173.
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 the amendments were concurred in.
Sen. Cutler moved that the Senate do concur in House amendments to SB 176.
The question being on Sen. Cutler's motion that the Senate do concur in House
amendments to SB 176.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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. Brown moved that the Senate do concur in House amendments to SB 191.
The question being on Sen. Brown's motion that the Senate do concur in House
amendments to SB 191.
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; 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:
Bradford; Buhl; Frerichs; Hundstad
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. Rave moved that the report of the Conference Committee on SB 96 as found on page
651 of the Senate Journal be adopted.
The question being on Sen. Rave's motion that the report of the Conference Committee on
SB 96 be adopted.
Sen. Tieszen moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 96 as found on page 651 of the Senate Journal and do not appoint
a new committee.
The question being on Sen. Tieszen's motion to not adopt the report of the Conference Committee on SB 96 and to not appoint a new committee.
Yeas 18, Nays 17, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Gray; Hansen (Tom); Haverly; Heineman; Holien; Kraus;
Lederman; Novstrup (Al); Peters; Rampelberg; Rave; Schlekeway; Tieszen
Nays:
Buhl; Frerichs; Fryslie; Garnos; Hundstad; Hunhoff (Jean); Johnston; Krebs; Maher; Nelson
(Tom); Nygaard; Olson (Russell); Putnam; Rhoden; Sutton; Tidemann; Vehle
Excused:
Bradford
The President voted Yea.
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, the report was not adopted, and no new committee was
appointed.
The President announced Sens. Garnos, Olson, and Frerichs 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 1208.
There being no objection, the Senate reverted to Order of Business No. 6.
The Conference Committee respectfully reports that it has considered HB 1248 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1248 be amended as follows:
Sen. Olson moved that the Senate do now recess until 2:00 p.m., which motion prevailed
and at 11:00 a.m., the Senate recessed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 33, 35, 44, 133, 173, 176, and 191 and finds the same
correctly enrolled.
I have the honor to return herewith SCR 9 in which the House has concurred.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1003 and 1044.
Sen. Rave moved that the Senate do concur in House amendments to SB 3.
The question being on Sen. Rave's motion that the Senate do concur in House amendments
to SB 3.
And the roll being called:
Yeas 34, Nays 0, 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); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Frerichs
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. Peters moved that the Senate do concur in House amendments to SB 86.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 86.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; 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:
Frerichs; Garnos; Olson (Russell)
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
The question being on Sen. Rhoden's motion that the Senate do concur in House
amendments to SB 152.
And the roll being called:
Yeas 29, Nays 3, Excused 3, Absent 0
Yeas:
Adelstein; Bradford; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard;
Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Begalka; Buhl; Novstrup (Al)
Excused:
Frerichs; Garnos; Olson (Russell)
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. Brown moved that the Senate do concur in House amendments to SB 190.
The question being on Sen. Brown's motion that the Senate do concur in House
amendments to SB 190.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; 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:
Frerichs; Garnos; Olson (Russell)
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. Garnos' motion that the Senate do concur in House
amendments to SB 200.
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Adelstein; 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; Bradford
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that the report of the Conference Committee on HB 1248 as found on
page 671 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Conference Committee
on HB 1248 be adopted.
Sen. Novstrup moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on HB 1248 as found on page 671 of the Senate Journal and that a new
committee be appointed.
Which motion lost.
Sen. Frerichs moved to appeal the ruling of the chair that HB 1248 needed a simple
majority for passage.
The question being "Shall the ruling of the President be overruled?"
Which motion lost.
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent 0
Yeas:
Adelstein; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Nygaard; Olson
(Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Nays:
Begalka; Bradford; Gray; Hundstad; Maher; Novstrup (Al); Peters; Tieszen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, March 10, the 36th legislative day.
Which motion prevailed.
SC 23 Introduced by: Senators Maher, 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,
and Vehle and Representatives Novstrup (David), Abdallah, Blake, Bolin, Boomgarden,
Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein,
Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff
(Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek,
Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Nelson (Stace), Olson (Betty), Perry, Rausch,
Romkema, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow,
Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink,
and Wismer
The President publicly read the title to
SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7
sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition
interlock devices.
SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime
of taking or disseminating pictures without consent and to provide for a felony penalty under
certain circumstances.
SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
representations and warranties in insurance and annuity applications.
SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to
distribution of funds to sparse school districts.
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.
SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with
concussions resulting from participation in youth athletic activities.
SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes
against minors be suppressed under certain conditions.
SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
rights and duties of joint legal custodians.
SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the
sales tax on food refund program.
SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive
payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage
the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the
revolving economic development and initiative fund.
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.
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.
HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain
seasonal employees and to declare an emergency.
HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes
involving domestic violence to support domestic violence programs.
HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
alcoholic beverage licenses issued at the county fairgrounds.
HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four
technical institutes.
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.
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.
HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports
to be made to the Board of Economic Development.
HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.
And signed the same in the presence of the Senate.
Sen. Bradford moved that the Senate do now adjourn, which motion prevailed and at
3:11 p.m. the Senate adjourned.