The prayer was offered by the Chaplain, Rev. Rolly Kemink, followed by the Pledge of
Allegiance led by Senate page Zane Frederick.
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 fifteenth 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 Health and Human Services respectfully reports that it has had under
consideration SB 176 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 177 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 74, 119, and 173 which were deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB 186 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 191 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 87 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 145 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 the nomination of David S. Pummel of Butte County, Belle Fourche, South
Dakota, to the Housing Development Authority and returns the same with the recommendation
that the Senate advise and consent to the confirmation of said appointment and be placed on the
Consent Calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Robert H. Hartford of Hughes County, Pierre, South Dakota,
to the South Dakota Lottery Commission and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment and be placed on the
Consent Calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of James R. Peterson of Deuel County, Revillo, South Dakota, to
the South Dakota Lottery Commission and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment and be placed on the Consent
Calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Doyle D. Estes of Pennington County, Hill City, South Dakota,
to the South Dakota Lottery Commission and returns the same with the recommendation that
the Senate advise and consent to the confirmation of said appointment and be placed on the
Consent Calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 97 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 169 and returns the same with the recommendation that said bill be
amended as follows:
"Section 2. That chapter 46A-14 be amended by adding thereto a NEW SECTION to read
as follows:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 160 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
SB 132, 133, 134, and 135 which were deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 63 and 64 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 2, 6, 21, and 24 were
delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 7, 2012.
I have the honor to transmit herewith HB 1017, 1117, 1128, 1131, 1153, 1157, 1162, 1172,
1178, 1223, and 1263 which have passed the House and your favorable consideration is
respectfully requested.
I have the honor to return herewith SB 63 and 64 which have passed the House without
change.
Sen. Olson moved that SB 128 be referred from the Committee on State Affairs to the Committee on Local Government.
Sen. Olson moved that SB 71 be deferred to Thursday, February 9, the 18th legislative day.
Which motion prevailed.
Sen. Olson moved that SB 25, 46, 142, and 162 be deferred to Wednesday, February 8, the
17th legislative day.
Which motion prevailed.
SCR 3 Introduced by: Senators Hunhoff (Jean), Cutler, Frerichs, Hansen (Tom), Haverly,
Holien, Johnston, Kraus, Krebs, Nelson (Tom), Olson (Russell), Peters, Putnam, Rampelberg,
Rave, Schlekeway, Tidemann, Tieszen, and Vehle and Representatives Boomgarden, Abdallah,
Brunner, Conzet, Cronin, Dryden, Fargen, Gibson, Gosch, Hansen (Jon), Hawley, Hickey,
Hoffman, Hunt, Kirkeby, Kirschman, Kopp, Liss, Lucas, Lust, Moser, Novstrup (David), Olson
(Betty), Scott, Sigdestad, Solum, Steele, Street, Stricherz, Tulson, Turbiville, Van Gerpen,
Verchio, White, Wick, and Willadsen
Was read the first time, the President waived the referral to committee, and placed SCR 3
on the calendar of Wednesday, February 8, the 17th legislative day.
HCR 1005: A CONCURRENT RESOLUTION, Urging Congress to clearly delegate
responsibility for the regulation of hydraulic fracturing to the states.
Was read the second time.
Sen. Schlekeway moved that the Senate do concur in HCR 1005 as found on page 273 of
the House Journal.
The question being on Sen. Schlekeway's motion that HCR 1005 be concurred in.
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Nays:
Bradford; Buhl; Hundstad
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1005 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on SB 70 as found on page 274 of the Senate Journal; also
Transportation on SB 81 as found on page 272 of the Senate Journal; also
Transportation on SB 113 as found on page 273 of the Senate Journal; also
State Affairs on SB 161 as found on page 275 of the Senate Journal; also
State Affairs on SB 168 as found on page 275 of the Senate Journal; also
Transportation on HB 1154 as found on page 273 of the Senate Journal be adopted.
Which motion prevailed.
HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration
to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by
shooting under certain conditions.
Was read the first time and referred to the Committee on Agriculture and Natural Resources.
Was read the first time and referred to the Committee on Education.
HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
posting of public notice for meetings of public bodies.
Was read the first time and referred to the Committee on Local Government.
HB 1153: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions
relating to the revocation of fur dealer licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1157: FOR AN ACT ENTITLED, An Act to repeal the Governor's authority to enter
the Midwestern Regional Higher Education Compact on behalf of the state, to repeal the
Midwestern Regional Higher Education Compact, to provide for withdrawal of South Dakota
from the compact.
Was read the first time and referred to the Committee on Appropriations.
HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
platting and annexation of subdivisions.
Was read the first time and referred to the Committee on Local Government.
HB 1172: FOR AN ACT ENTITLED, An Act to exempt certain developer-installed storm
sewer detention ponds from public procurement bid requirements.
Was read the first time and referred to the Committee on Local Government.
HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
disposal of local government property.
Was read the first time and referred to the Committee on Local Government.
HB 1223: FOR AN ACT ENTITLED, An Act to exempt from sales tax certain handling fees paid by religious organizations to approved relief agencies for the distribution of food
which is provided for the assistance or relief of the poor, distressed, or underprivileged through
food giveaway programs.
Was read the first time and referred to the Committee on Taxation.
HB 1263: FOR AN ACT ENTITLED, An Act to provide for mandatory HIV testing for
any person convicted of prostitution or solicitation of prostitution and to provide for appropriate
utilization of the test results.
Was read the first time and referred to the Committee on Health and Human Services.
SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
application for absentee voting.
Was read the second time.
The question being "Shall SB 137 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.
SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
personalized motor vehicle license plates.
Was read the second time.
The question being "Shall SB 107 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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 1077: FOR AN ACT ENTITLED, An Act to authorize municipalities to establish
incidental accounts.
Was read the second time.
The question being "Shall HB 1077 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.
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.
Was read the second time.
The question being "Shall HB 1094 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
SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
educational data reporting.
Was read the second time.
The question being "Shall SB 127 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; 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
Nays:
Hundstad
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 141: FOR AN ACT ENTITLED, An Act to revise the legal definition of the term,
domestic abuse.
Was read the second time.
The question being "Shall SB 141 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; 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.
SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of
the crime of aggravated assault.
Was read the second time.
The question being "Shall SB 156 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; Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Olson (Russell)
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 99: FOR AN ACT ENTITLED, An Act to prohibit certain licensees or employees of
a licensed establishment who have been charged with certain felony offenses from entering the
licensed premises and to provide a penalty therefor.
Was read the second time.
The question being "Shall SB 99 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; 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.
HB 1069: FOR AN ACT ENTITLED, An Act to increase the amount of income and
principal of a perpetual fund used to maintain a cemetery.
Was read the second time.
"(1) To establish a perpetual fund of which only the income shall to be used in purchasing
equipment, constructing buildings and facilities, hiring staff, and otherwise
maintaining, caring for, ornamenting, beautifying, and improving its grounds;,
buildings, and facilities. The income and no more than six percent of the principal in
a perpetual fund may be used annually for these purposes; and".
The question being "Shall HB 1069 pass as amended?"
And the roll being called:
Yeas 17, Nays 18, Excused 0, Absent 0
Yeas:
Adelstein; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Hunhoff (Jean); Kraus; Krebs;
Lederman; Nygaard; Olson (Russell); Putnam; Rhoden; Schlekeway; Tidemann; Tieszen
Nays:
Begalka; Bradford; Brown; Buhl; Frerichs; Heineman; Holien; Hundstad; Johnston; Juhnke;
Maher; Nelson (Tom); Novstrup (Al); Peters; Rampelberg; Rave; Sutton; Vehle
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
The President publicly read the title to
SB 63: FOR AN ACT ENTITLED, An Act to revise the term of service of regional railroad
authority commissioners.
SB 64: FOR AN ACT ENTITLED, An Act to revise provisions regulating the perfection
of security interest liens filed on-line.
And signed the same in the presence of the Senate.
SC 9 Introduced by: Senator Gray and Representatives Perry and Venner
Sen. Kraus moved that the Senate do now adjourn, which motion prevailed and at
3:21 p.m. the Senate adjourned.