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.
""Small school adjustment," calculated as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1171 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. Once a school district's initial five-year plan is complete, the school district may
reapply for the program. If a school district reapplies and the district's application is denied by
the Board of Education due to changes in the program's requirements, that school district is still
entitled to receive funding for this program, if the school district continues to follow its original
teacher compensation plan that it followed during the initial five years. The funding that school
district is entitled to receive during the first year following the denial and in each year thereafter,
as long as the school district continues to follow the original teacher compensation plan, shall
be calculated as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB
1307 which was deferred to the 41st Legislative Day.
"Section 1. It is in the public interest that the South Dakota Building Authority contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air
conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
architectural and engineering services, asbestos abatement, removal of existing roofing and
structures, and such other services or actions as may be required to complete maintenance and
repair projects selected by the Board of Regents as critical to facility safety and function at
academic and support facilities on the university campuses, all at the estimated cost of eight
million six hundred thousand dollars ($8,600,000). The South Dakota Building Authority may
finance the project costs, together with any related costs of financing, through the issuance of
revenue bonds, in accordance with this Act and chapter 5-12.
Section 2. The Board of Regents may make and enter into a lease agreement with the
Building Authority relating to any projects described in section 1 of this Act and make rental
payments under the terms thereof pursuant to chapter 5-12 from appropriations to be made by
the Legislature pursuant to chapter 5-12. In addition, the Board of Regents may assess and
collect special maintenance and repair fees from students and use such fees to pay or supplement
any rental payments, or reduce the amount of appropriations otherwise required, for such rental
payments. Such fees shall be deposited in a special fund established for the purposes of this Act
and used to reduce the amount of appropriations required to pay rentals under the lease with the
Building Authority. Upon receipt of payment of the balance of rental payments made under the
terms of any lease entered into pursuant to section 2 of this Act, the Building Authority shall
convey the property leased under the lease to the Board of Regents pursuant to
§
5-12-15.
Section 3. No indebtedness, bond, or obligation included or created under the authority of
this Act may be or may become a lien, charge, or liability against the State of South Dakota, nor
against the property or funds of the State of South Dakota within the meaning of the
Constitution or statutes of the state.
Section 4. The Building Authority and the Board of Regents may accept, transfer, and
expend any property or funds obtained for these purposes from federal sources, gifts,
contributions, or any other source, all of which shall be deemed appropriated to the projects
authorized by this Act in addition to the amounts otherwise authorized by this Act.
Section 5. The administration of the design and construction of the projects authorized in
this Act shall be under the general charge and supervision of the Bureau of Administration as
provided in chapter 5-14. The executive director of the Board of Regents and the executive
secretary of the Building Authority, or their designees, shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act."
MR. PRESIDENT:
I have the honor to return herewith SCR 4 in which the House has concurred.
Sen. Knudson moved that the reports of the Standing Committees on
Government Operations and Audit on HB 1041 as found on page 659 of the Senate
Journal
; also
Appropriations on HB 1063 as found on page 657 of the Senate Journal
; also
Health and Human Services on HB 1155 as found on page 658 of the Senate Journal
; also
State Affairs on HB 1176 as found on page 651 of the Senate Journal
; also
Judiciary on HB 1249 as found on page 650 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Greenfield requested that HB 1132 be removed from the Consent Calendar.
Was read the second time.
The question being "Shall HB 1085 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 1086:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
release of a lien by undertaking.
Was read the second time.
The question being "Shall HB 1086 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 HB 1124 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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
authorize the disclosure of certain
confidential information when a person who is subject to commitment proceedings has
communicated a serious threat of serious physical injury against a reasonably identifiable victim.
Was read the second time.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 HB 1222 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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
exempt certain wages from claims in
bankruptcy.
Was read the second time.
The question being "Shall HB 1231 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 HB 1252 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 1085:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
transfer of title.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
HB 1124:
FOR AN ACT ENTITLED, An Act to
add the solicitation to commit a crime to
certain criminal provisions.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
HB 1222:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to
petitions for protection orders.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
HB 1252:
FOR AN ACT ENTITLED, An Act to
provide certain provisions concerning the
indemnification of the directors of cooperatives.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Gant
HB 1248:
FOR AN ACT ENTITLED, An Act to
provide information to owners of certain
property that had a significant increase in the assessed valuation of the property.
Was read the second time.
The question being "Shall HB 1248 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Nays:
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 1262:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
property tax exemptions for certain power generation facilities.
Was read the second time.
The question being "Shall HB 1262 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
HB 1266:
FOR AN ACT ENTITLED, An Act to
allow a home school student to partially
enroll in the student's resident school district or in another school district under certain
circumstances and to clarify certain testing requirements for students who are partially enrolled.
Was read the second time.
The question being "Shall HB 1266 pass as amended?"
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Nays:
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 1032:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund a dental
externship program.
Was read the second time.
The question being "Shall HB 1032 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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.
Sen. Apa moved that HB 1060 be deferred to Wednesday, February 28, the 34th legislative
day.
Which motion prevailed.
HB 1061:
FOR AN ACT ENTITLED, An Act to
offer a human papillomavirus (HPV)
vaccination initiative, to transfer funds, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1061 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Nays:
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 1072:
FOR AN ACT ENTITLED, An Act to
create a statewide 24/7 sobriety program,
establish the 24/7 sobriety fund, and to make an appropriation therefor.
Was read the second time.
The question being "Shall HB 1072 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 1108:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding when
and by whom chemical dependency evaluations occur after a conviction of driving while under
the influence of drugs or alcohol.
Was read the second time.
The question being "Shall HB 1108 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 1125:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
adoption of municipal sewer utility charges.
Was read the second time.
The question being "Shall HB 1125 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Nays:
Excused:
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 1161:
FOR AN ACT ENTITLED, An Act to
revise the elements of the crime of first
degree robbery.
Was read the second time.
Sen. Hundstad requested a fiscal note on HB 1161.
Which request was supported.
HB 1250:
FOR AN ACT ENTITLED, An Act to
revise the process regarding cochlear
implants.
Was read the second time.
The question being "Shall HB 1250 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Nays:
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 1251:
FOR AN ACT ENTITLED, An Act to
exempt the gross receipts received from
certain controlled groups from the contractor's excise tax.
Was read the second time.
The question being "Shall HB 1251 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill passed.
The question being on the title.
Sen. Gray moved that the title to HB 1251 be amended as follows:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson
(Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle;
Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt
(Orville); Sutton; Turbak; Two Bulls
Apa; Greenfield; Kloucek; Maher; Peterson (Jim)
Abdallah; Albers; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek;
Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Dempster
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.
Abdallah; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge;
Hundstad; Jerstad; Katus; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson
(Jim); Schmidt (Dennis); Smidt (Orville); Two Bulls
Albers; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hunhoff; Kloucek; Knudson; Koetzle;
Nesselhuf; Sutton; Turbak
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
HB 1060:
FOR AN ACT ENTITLED, An Act to
authorize the Department of Corrections
to purchase real property, to make an appropriation therefor, and to declare an emergency.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek;
Knudson; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson
(Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Greenfield; Maher
Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Apa
Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Katus; Knudson;
Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Smidt (Orville); Sutton; Turbak; Two Bulls
Jerstad; Kloucek; Schmidt (Dennis)
Apa
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson
(Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson;
Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Greenfield
Excused:
Apa
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
HB 1302:
FOR AN ACT ENTITLED, An Act to
revise the requirements for certain on-sale
alcoholic beverage licenses.
Was read the second time.
The question being "Shall HB 1302 pass as amended?"
And the roll being called:
Yeas 20, Nays 15, Excused 0, Absent 0
Yeas:
Nays:
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.
Albers; Dempster; Hanson (Gary); Hauge; Heidepriem; Hoerth; Jerstad; Katus; Kloucek;
Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Smidt (Orville);
Turbak; Two Bulls
Abdallah; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hundstad;
Hunhoff; McNenny; Peterson (Jim); Schmidt (Dennis); Sutton