The prayer was offered by the Chaplain, Rev. Don Block, followed by the Pledge of
Allegiance led by Senate page Monica Gutierrez.
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 tenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
January 26, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Curt Mortenson,
Stanley County, Ft. Pierre, South Dakota, to the State Brand Board.
This reappointment is effective immediately, and shall continue until January 2, 2015.
January 26, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Bart Blum,
Lyman County, Reliance, South Dakota, to the State Brand Board.
This reappointment is effective immediately, and shall continue until January 2, 2015.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Dennis Neugebauer,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.
This reappointment is effective immediately, and shall continue until January 18, 2015.
March 10, 2011
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Douglas J. Hajek,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.
This appointment is effective March 4, 2011, and shall continue until January 18, 2015.
The Committee on Transportation respectfully reports that it has had under consideration
SB 140 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 Transportation respectfully reports that it has had under consideration
SB 22 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 121 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 93 and HB 1014 and returns the same with the recommendation that said bills do pass.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 104 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB 102 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 101 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 89 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 123
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 73
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 Taxation respectfully reports that it has had under consideration SB 91
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 92
and returns the same with the recommendation that said bill be referred to the Committee on
Appropriations.
I have the honor to transmit herewith HB 1009, 1046, 1055, 1065, 1071, 1079, 1095, 1096,
1097, and 1119 which have passed the House and your favorable consideration is respectfully
requested.
I have the honor to return herewith SB 12 which has passed the House without change.
Sen. Olson moved that SB 71 be deferred to Wednesday, February 1, the 13th legislative
day.
Which motion prevailed.
Sen. Schlekeway moved that SB 70 be re-referred to the Committee on Local Government.
Which motion prevailed.
Sen. Gray moved that SB 166 be referred from the Committee on Transportation to the
Committee on Commerce and Energy.
Which motion prevailed.
SCR 1 Introduced by: Senators Nygaard, Adelstein, Begalka, Brown, Buhl, Cutler, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hunhoff (Jean), Johnston, Juhnke, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Tidemann, Tieszen, and Vehle and Representatives Boomgarden, Abdallah, Blake, Bolin, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Jensen, Jones, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum,
Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White,
Wick, Willadsen, Wink, and Wismer
Was read the first time, the President waived the referral to committee, and placed SCR
1 on the calendar of Tuesday, January 31, the 12th legislative day.
HCR 1002: A CONCURRENT RESOLUTION, Urging Congress and the South Dakota
congressional delegation to support federal legislation to protect the United States Postal
Service.
Was read the second time.
Sen. Bradford moved that the Senate do concur in HCR 1002 as found on page 170 of the
House Journal.
The question being on Sen. Bradford's motion that HCR 1002 be concurred in.
And the roll being called:
Yeas 12, Nays 23, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hundstad; Hunhoff (Jean); Lederman; Maher;
Putnam; Sutton; Tidemann
Nays:
Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Juhnke;
Kraus; Krebs; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg;
Rave; Rhoden; Schlekeway; Tieszen; Vehle
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Was read the second time.
Sen. Kraus moved that the Senate do concur in HCR 1004 as found on page 193 of the
House Journal.
The question being on Sen. Kraus' motion that HCR 1004 be concurred in.
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Fryslie; Gray; Haverly; Heineman; Holien; Johnston;
Juhnke; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Nygaard; Olson (Russell); Peters;
Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton
Nays:
Buhl; Cutler; Frerichs; Hansen (Tom); Hundstad; Hunhoff (Jean); Nelson (Tom); 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 HCR 1004 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Agriculture and Natural Resources on SB 83 as found on page 186 of the Senate Journal;
also
Commerce and Energy on SB 65 as found on page 187 of the Senate Journal; also
Appropriations on SB 38 as found on page 187 of the Senate Journal; also
Judiciary on SB 78 as found on page 188 of the Senate Journal be adopted.
Which motion prevailed.
SB 196 Introduced by: The Committee on Health and Human Services at the request of the
Office of the Governor
FOR AN ACT ENTITLED, An Act to allow for the redistribution of existing nursing
facility beds.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1009: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to
licenses issued by the Board of Pharmacy.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child
custody during a soldier's deployment.
Was read the first time and referred to the Committee on State Affairs.
HB 1055: FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders
after a court awards joint legal custody if in the best interest of the child.
Was read the first time and referred to the Committee on Judiciary.
HB 1065: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Unified
Judicial System set forth a schedule for all fees paid directly to court reporters in its annual
consolidated budget.
Was read the first time and referred to the Committee on Judiciary.
HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance
Guarantee Association may become obligated to cover for annuities.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1079: FOR AN ACT ENTITLED, An Act to revise certain publication date citations for references to the International Building Code.
HB 1095: FOR AN ACT ENTITLED, An Act to revise the procedure for the discharge of
civil judgments against a person who has received a discharge of debt pursuant to the United
States Code, Title 11.
Was read the first time and referred to the Committee on Judiciary.
HB 1096: FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals
involving home-rule municipalities.
Was read the first time and referred to the Committee on Judiciary.
HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the
investment of unneeded state operating expenses in banks.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
mechanical pull-tab devices.
Was read the first time and referred to the Committee on State Affairs.
The Senate proceeded to the consideration of the executive appointment of Don Holloway
of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Pardons and
Paroles.
The question being "Does the Senate advise and consent to the executive appointment of
Don Holloway pursuant to the executive message as found on page 188 of the Senate Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
The Senate proceeded to the consideration of the executive reappointment of Krista
Heeren-Graber of Hutchinson County, Freeman, South Dakota, to the South Dakota Interstate
Compact for Adult Offender Supervision.
The question being "Does the Senate advise and consent to the executive reappointment
of Krista Heeren-Graber pursuant to the executive message as found on page 188 of the Senate
Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
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 reappointment of Terry Sabers
of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.
The question being "Does the Senate advise and consent to the executive reappointment
of Terry Sabers pursuant to the executive message as found on page 189 of the Senate Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the reappointment confirmed.
The question being "Does the Senate advise and consent to the executive reappointment
of Patricia Simmons pursuant to the executive message as found on page 189 of the Senate
Journal?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the reappointment confirmed.
Pursuant to Senate Rule 6-1, the President removed SB 35 from the Consent Calendar.
HB 1023: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions
relating to the Department of Corrections.
Was read the second time.
The question being "Shall HB 1023 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Vehle
Excused:
Gray
HB 1025: FOR AN ACT ENTITLED, An Act to make aggravated incest a violent crime
for purposes of setting an initial parole date.
Was read the second time.
The question being "Shall HB 1025 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Vehle
Excused:
Gray
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 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
Was read the second time.
The question being "Shall SB 23 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; 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; 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.
SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the
veterans' bonus program and to declare an emergency.
Was read the second time.
The question being "Shall SB 4 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
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; Vehle
Excused:
Gray
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.
SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain
family physicians and dentists who have complied with the requirements of the physician tuition
reimbursement program and dental tuition reimbursement program and to declare an
emergency.
Was read the second time.
The question being "Shall SB 9 pass?"
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.
SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
Was read the second time.
The question being "Shall SB 36 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; 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.
SB 47: FOR AN ACT ENTITLED, An Act to increase the authorized square footage for
the motor pool building at South Dakota State University, to make an appropriation therefor,
and to declare an emergency.
Was read the second time.
The question being "Shall SB 47 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, 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; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
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 1022: FOR AN ACT ENTITLED, An Act to revise certain parole hearing provisions
regarding inmate compliance, waivers, and teleconferencing.
Was read the second time.
The question being "Shall HB 1022 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, 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; 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.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 12 and finds the same correctly enrolled.
The President publicly read the title to
SB 12: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2011.
And signed the same in the presence of the Senate.
SC 4 Introduced by: Senators Hunhoff (Jean), Gray, and Putnam and Representatives
Kloucek, Hunhoff (Bernie), Moser, Perry, Van Gerpen, and Venner
Sen. Cutler moved that the Senate do now adjourn, which motion prevailed and at
3:25 p.m. the Senate adjourned.