The prayer was offered by the Chaplain, Rev. Susan Carr, followed by the Pledge of
Allegiance led by Senate page Walker Iversen.
Roll Call: All members present except Sens. Cutler, Hundstad, and Johnston who were
excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-third day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Pages _ Shaunday Antoine, Brooke Clarke, Rachel Day, Peter Delgado, Jr., Aspen
Ducheneaux, George Walker Iversen, Mikayla Nepper, Nick Reagan, Allison Stahl
Which was subscribed to and placed on file in the office of the Secretary of State.
February 8, 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 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed William F. Cerney,
Gregory County, Burke, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective immediately, and shall continue until January 10, 2016
January 27, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Duane K. Sather,
Minnehaha County, Sioux Falls, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective immediately, and shall continue until January 10, 2016
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1097, 1125, and 1229 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1039 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1095, 1114, 1160, 1194, and 1245 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
The Committee on Appropriations respectfully reports that it has had under consideration
HJR 1006 and HB 1017, 1051, 1164, and 1199 and returns the same with the recommendation
that said bills and resolution do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1157 and 1158 which were deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1117 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 1230 and returns the same with the recommendation that said bill be
amended as follows:
"Section 2. That § 46-2A-23 be amended to read as follows:
46-2A-23. Following the issuance of a recommendation to approve an application pursuant
to § 46-2A-2, the chief engineer may publish, at the expense of the applicant, a notice to
determine whether any person opposes the application or recommendation of the chief engineer.
The notice shall be published as provided for in § 46-2A-4, and the notice shall contain the
information provided for in subdivisions 46-2A-4(1), (2), (3), (5), (6), and (10). The notice is
not required to refer to a board meeting or hearing date. In addition, the notice shall include a
statement that if the applicant intends to contest the recommendation, the applicant shall file a
petition with the chief engineer, and any interested person who intends to oppose or support the
application or recommendation shall file a petition with the chief engineer and the applicant.
Any petition shall be filed within ten days of the second published notice.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1188 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 5, 11, 19, 39, 41, 56, 57, 69, 107, 115, and 168 and
finds the same correctly enrolled.
I have the honor to return herewith SB 72 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith HCR 1010 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 5, 11, 19, 39, 41, 56, 57, 69, 107, 115, and 168
which have passed the House without change.
Sen. Olson moved that HB 1018, 1066, 1131, 1046, and 1064 be deferred to Wednesday,
February 22, the 25th legislative day.
Which motion prevailed.
SCR 6: A CONCURRENT RESOLUTION, Urging the government of Turkey to uphold
and safeguard religious and human rights and to respect the property rights and human rights
of the Ecumenical Patriarchate.
Was read the second time.
Sen. Heineman moved that SCR 6 as found on page 465 of the Senate Journal be adopted.
The question being on Sen. Heineman's motion that SCR 6 be adopted.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Gray; Hundstad; Johnston
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 6 was adopted.
HCR 1010: A CONCURRENT RESOLUTION, Urging Congress to adopt a proposed
constitutional amendment limiting federal legislation to a single subject.
Was read the first time, the President waived the referral to committee, and placed
HCR 1010 on the calendar of Wednesday, February 22, the 25th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Agriculture and Natural Resources on HB 1083 as found on page 462 of the Senate
Journal; also
Commerce and Energy on HB 1227 as found on page 463 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Frerichs requested that HB 1121 be removed from the Consent Calendar.
Sen. Olson requested that HB 1059 be removed from the Consent Calendar.
HB 1128: FOR AN ACT ENTITLED, An Act to require the Board of Education to conduct
public hearings before adopting certain standards.
Was read the second time.
The question being "Shall HB 1128 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1153: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions
relating to the revocation of fur dealer licenses.
The question being "Shall HB 1153 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
military law.
Was read the second time.
The question being "Shall HB 1047 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1063: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct and to establish the rationale and effect of the repeal.
The question being "Shall HB 1063 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 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 second time.
The question being "Shall HB 1065 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1079 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1088: FOR AN ACT ENTITLED, An Act to revise certain requirements for charging
and collecting certain fees for confining certain people in the county jail.
Was read the second time.
The question being "Shall HB 1088 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
HB 1202: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding
reckless and unsafe driving.
Was read the second time.
The question being "Shall HB 1202 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 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 second time.
The question being "Shall HB 1263 pass as amended?"
And the roll being called:
Yeas 30, Nays 0, Excused 5, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup
(Al); 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 1195: FOR AN ACT ENTITLED, An Act to authorize the collection of fees for certain
educational programming and services, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1195 pass as amended?"
And the roll being called:
Yeas 25, Nays 6, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Heineman; Hunhoff (Jean);
Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Nygaard; Olson (Russell); Putnam; Rampelberg;
Rave; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Hansen (Tom); Haverly; Holien; Novstrup (Al); Peters; Rhoden
Excused:
Cutler; Hundstad; Johnston; Lederman
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 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
National Guard discipline and courts-martial.
Was read the second time.
The question being "Shall HB 1050 pass?"
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Nays:
Maher
Excused:
Cutler; Hundstad; Johnston
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 1212: FOR AN ACT ENTITLED, An Act to revise certain terms regarding tort
liability.
Was read the second time.
The question being "Shall HB 1212 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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 1192: FOR AN ACT ENTITLED, An Act to amend certain limited liability company
language.
Was read the second time.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston
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.
The President publicly read the title to
SB 5: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
distribution of state publications.
SB 11: FOR AN ACT ENTITLED, An Act to authorize the Governor's Office of Economic
Development to create and administer a working capital loan program.
SB 19: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the
Commission on Gaming to allow the commission to authorize the executive secretary of the
Commission on Gaming to take certain actions on gaming licensees.
SB 39: FOR AN ACT ENTITLED, An Act to expand the definition of victim for the
purposes of certain written victim impact statements.
SB 41: FOR AN ACT ENTITLED, An Act to authorize retailers to choose whether to
submit pseudoephedrine purchase records electronically or in writing.
SB 56: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating
to the South Dakota Housing Development Authority.
SB 57: FOR AN ACT ENTITLED, An Act to revise and repeal certain administrative rules
relating to the South Dakota Housing Development Authority.
SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
personalized motor vehicle license plates.
SB 115: FOR AN ACT ENTITLED, An Act to implement the regulation of insurance
coverage for portable electronic devices.
SB 168: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of
appointees to certain boards and commissions.
HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
excuse from attendance of children receiving alternative instruction.
HB 1006: FOR AN ACT ENTITLED, An Act to revise certain outdated and obsolete
provisions regarding the Department of Education.
HB 1007: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
statutes regarding the Department of Education.
HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish
and Parks to sell the Marcotte Tract located within the Marcotte Game Production Area in
Meade County to the City of Sturgis.
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
rights of victims of crime.
HB 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names
of certain delinquent taxpayers.
HB 1033: FOR AN ACT ENTITLED, An Act to clarify certain requirements relating to
insurance examinations.
HB 1034: FOR AN ACT ENTITLED, An Act to revise the circumstances under which
alterations may be made to certain insurance applications.
HB 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of
certain insurance investigations and examinations.
HB 1036: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions
and penalties related to the regulation of grain warehouses, grain buyers, and warehouse
receipts.
HB 1037: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture
mediation program.
HB 1040: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment
of extraordinary litigation expenses and to declare an emergency.
HB 1041: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year
2012 state aid to special education appropriation to fiscal year 2013 for the purpose of
maintaining federal maintenance of effort levels.
HB 1049: FOR AN ACT ENTITLED, An Act to add certain definitions regarding the
Department of the Military.
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.
HB 1060: FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered
sex offender to reside in an assigned halfway house or supervised living center within a
community safety zone.
HB 1061: FOR AN ACT ENTITLED, An Act to amend certain provisions related to
interpreter services in the court system.
HB 1062: FOR AN ACT ENTITLED, An Act to clarify the supporting documentation
necessary for a request to implement the standard visitation guidelines.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
certificate of health requirement for the importation of animals.
HB 1073: FOR AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in
motor carrier transportation contracts.
HB 1115: FOR AN ACT ENTITLED, An Act to exempt certain contracts from the
competitive bidding requirements for water user districts.
HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
mechanical pull-tab devices.
HB 1124: FOR AN ACT ENTITLED, An Act to permit a school district, at the discretion
of the school district, to pay the fees charged for any criminal background investigation that is
required by law for a prospective employee.
HB 1147: FOR AN ACT ENTITLED, An Act to remove the individual liability of a school
board member who authorizes the making of a void contract, check or registered warrant.
HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts
for physical and occupational therapy services.
HB 1203: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water
development districts.
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.
HB 1232: FOR AN ACT ENTITLED, An Act to repeal the South Dakota Commission on
Health Care.
And signed the same in the presence of the Senate.
Sen. Putnam moved that the Senate do now adjourn, which motion prevailed and at
3:34 p.m. the Senate adjourned.