The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of
Allegiance led by Senate page Emily Ketteler.
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 seventeenth 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 Appropriations respectfully reports that it has had under consideration
SB 84, 90, 192, and 194 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
SB 37 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 92 which was tabled.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 151 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 155 and returns the same with the recommendation that said bill do pass.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1020 and returns the same with the recommendation that said bill do
pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1018 and 1036 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 160, which was reconsidered, and returns the same with the
recommendation that said bill be amended as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Curt Mortenson of Stanley County, Ft. Pierre, South
Dakota, to the State Brand Board and returns the same with the recommendation that the Senate
advise and consent to the confirmation of said reappointment and be placed on the Consent
Calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Bart Blum of Lyman County, South Dakota, to the State
Brand Board and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said reappointment and be placed on the Consent Calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 108 and 112 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 158 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 94, 144, 166, and 178 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that SB 63 and 64 were
delivered to his Excellency, the Governor, for his approval at 8:45 a.m., February 9, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 140 and finds the same correctly enrolled.
I have the honor to return herewith SB 2 in which the House has concurred.
I have the honor to return herewith SB 140 which has passed the House without change.
I have the honor to transmit herewith HCR 1007 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to transmit herewith HB 1083, 1158, 1163, 1192, and 1245 which have
passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that SB 177 be placed to follow SB 176 on today's calendar.
Which motion prevailed.
Sen. Olson moved that SB 191 and 196 and HB 1088, 1115, 1202, and 1049 be deferred
to Friday, February 10, the 19th legislative day.
Which motion prevailed.
Sen. Olson moved that SB 71, 186, and 49 be deferred to Monday, February 13, the 20th
legislative day.
Which motion prevailed.
SCR 4: A CONCURRENT RESOLUTION, Supporting the concept and further
development of South Dakota First, an initiative for success and development.
Was read the second time.
Sen. Olson moved that SCR 4 as found on page 317 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that SCR 4 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; 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 4 was adopted.
HCR 1006: A CONCURRENT RESOLUTION, in opposition to certain actions by animal
rights groups to undermine agricultural producers.
Was read the second time.
Sen. Krebs moved that the Senate do concur in HCR 1006 as found on page 334 of the
House Journal.
The question being on Sen. Krebs' motion that HCR 1006 be concurred in.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1006 was concurred in.
HCR 1007: A CONCURRENT RESOLUTION, Urging the members of the South Dakota
Congressional delegation to sponsor and support the Marketplace Fairness Act and the
Marketplace Equity Act.
Was read the first time, the President waived the referral to committee, and placed
HCR 1007 on the calendar of Friday, February 10, the 19th legislative day.
SCR 5 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Brown, Cutler, Fryslie, Haverly, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rave, Sutton, Tidemann, Tieszen, and Vehle and Representatives Hawley, Abdallah, Blake, Boomgarden, Brunner, Deelstra, Dennert, Elliott, Feickert, Gibson, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jones, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Munsterman, Novstrup (David), Olson
(Betty), Rausch, Schrempp, Scott, Sigdestad, Solum, Steele, Stricherz, Tornow, Tulson, Van
Gerpen, Venner, Verchio, Wick, Willadsen, and Wismer
2012 interim study and thorough review of drainage laws by the South Dakota Legislature to
provide for improved management and regulation of the drainage of surface and subsurface
water for the benefit of all South Dakotans; and
Was read the first time, the President waived the referral to committee, and placed SCR 5
on the calendar of Friday, February 10, the 19th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on SB 75 as found on page 308 of the Senate Journal; also
Transportation on SB 116 as found on page 309 of the Senate Journal; also
Health and Human Services on SB 125 as found on page 310 of the Senate Journal; also
State Affairs on SB 174 as found on page 311 of the Senate Journal; also
State Affairs on SB 175 as found on page 314 of the Senate Journal be adopted.
Which motion prevailed.
HB 1083: FOR AN ACT ENTITLED, An Act to to provide for term limits for brand board
service.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1158: FOR AN ACT ENTITLED, An Act to allow students attending nonpublic high
schools to be eligible for the jump start scholarship program.
Was read the first time and referred to the Committee on Appropriations.
HB 1163: FOR AN ACT ENTITLED, An Act to allow political subdivisions of the state
to operate as organizations formed under § 58-18-52 for the purchase of health insurance.
HB 1192: FOR AN ACT ENTITLED, An Act to amend certain limited liability company
language.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
suspension of a driver license for certain alcoholic beverage violations.
Was read the first time and referred to the Committee on Judiciary.
Sen. Nelson requested that SB 145 be removed from the Consent Calendar.
HB 1076: FOR AN ACT ENTITLED, An Act to retain certain members of municipal
governing bodies in office following the redistricting of municipal wards.
Was read the second time.
The question being "Shall HB 1076 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
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 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sales and use tax.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
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 establish a program to assist rural health
care facilities in recruiting certain health care professionals and to repeal certain provisions
regarding recruitment incentive payments for health care professionals.
Was read the second time.
The question being "Shall SB 176 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
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 177 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
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 81: FOR AN ACT ENTITLED, An Act to provide for a special license plate for certain
persons on active duty in the military.
Was read the second time.
The question being "Shall SB 81 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
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.
Was read the second time.
The question being "Shall SB 113 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
SB 169: FOR AN ACT ENTITLED, An Act to create certain watershed districts and to
establish the Regional Watershed Advisory Task Force.
Was read the second time.
Section 2.The Regional Watershed Advisory Task Force established pursuant to section 1
of this Act shall conduct studies and evaluations on matters relating to drainage, erosion, flood
control, reclamation, environmental protection, and improvement of lands, soils, waters, and
all other authorized purposes and may advise any new or existing special purpose district or
government entity on such issues. In addition, the task force shall consider potential alternative
organizational structures and entities appropriate to address such issues. The task force shall
report to the Senate and House of Representatives and may submit a copy of its report to the
Governor. The task force may present draft legislation and policy recommendations to the
Legislative Research Council Executive Board. The task force shall make recommendations in
the following areas:
Sen. Gray requested that Joint Rule 5-17 be invoked on SB 169.
Which request was supported and SB 169 with Sen. Hansen's pending motion to amend
was deferred until Monday, February 13, the 20th legislative day.
SB 157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor
advertising signs.
Sen. Adelstein requested a roll call vote.
Which request was supported.
The question being on Sen. Kraus' motion that SB 157 be amended.
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Haverly; Kraus; Maher; Nelson (Tom); Rampelberg; Rhoden;
Sutton; Tieszen
Nays:
Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien; Hundstad;
Hunhoff (Jean); Johnston; Juhnke; Krebs; Lederman; Novstrup (Al); Nygaard; Olson (Russell);
Peters; Putnam; Schlekeway; Tidemann; Vehle
Excused:
Rave
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question being "Shall SB 157 pass?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien;
Hundstad; Hunhoff (Jean); Johnston; Juhnke; Krebs; Lederman; Maher; Novstrup (Al);
Nygaard; Olson (Russell); Peters; Putnam; Schlekeway; Sutton; Tidemann
Nays:
Adelstein; Bradford; Haverly; Kraus; Nelson (Tom); Rampelberg; Rhoden; Tieszen; Vehle
Excused:
Rave
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 154 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Rave
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. 7.
I have the honor to inform your honorable body that SB 27 was lost on second reading and
final passage.
The President publicly read the title to
SB 140: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding glazing
material on motorcycle windshields and wind deflectors.
HB 1094: FOR AN ACT ENTITLED, An Act to require the filing of certain documents
relating to the vacation, location, or changing of highways with the register of deeds.
And signed the same in the presence of the Senate.
SC 10 Introduced by: Senators Gray, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler,
Frerichs, Fryslie, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean),
Johnston, Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard,
Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann,
Tieszen, and Vehle and Representatives Wick, Abdallah, Blake, Bolin, Boomgarden, Brunner,
Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Fargen, Feickert, Feinstein, Gibson, Gosch,
Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt,
Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust,
Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry,
Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Steele,
Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White,
Willadsen, Wink, and Wismer
Sen. Lederman moved that the Senate do now adjourn, which motion prevailed and at
3:51 p.m. the Senate adjourned.