The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of
Allegiance led by Senate page Allison Stahl.
Roll Call: All members present except Sens. Cutler, Hundstad, Lederman, Nelson, Nygaard
and Schlekeway 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-sixth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 23, 2012, I approved Senate Bills 4, 9, 23,
32, 35, 36, 38, 45, 50, and 58, and the same have been deposited in the office of the Secretary
of State.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1253 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 1132 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1209 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. That chapter 22-24B be amended by adding thereto a NEW SECTION to read
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1096 and returns the same with the recommendation that said bill be amended
as follows:
"Section 1. That subdivision (1) of § 1-26-1 be amended to read as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1007 and HB 1133 and 1248 and returns the same with the recommendation that said bills
and resolution do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1045 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1185 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 HB 1255 which was tabled.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1246 which was deferred to the 41st Legislative Day.
The Committee on Legislative Procedure respectfully reports that SB 8, 13, 20, 29, 30, 31,
62, 65, 66, 67, 73, 81, 83, 87, 93, 100, 111, 113, and 116 were delivered to his Excellency, the
Governor, for his approval at 10:50 a.m., February 24, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 48, 53, 68, 71, 78, 103, 108, 156, 191, 194, and 195
and finds the same correctly enrolled.
I have the honor to return herewith SCR 6 in which the House has concurred.
I have the honor to return herewith SB 48, 53, 68, 71, 78, 103, 108, 156, 191, 194, and 195
which have passed the House without change.
I have the honor to return herewith SB 157 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that the House has appointed Reps. White,
Gibson, and Sigdestad as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 99.
Sen. Olson moved that HB 1046, 1179, 1247, 1206, 1171, 1126, 1273, and 1198 be
deferred to Monday, February 27, the 28th legislative day.
Which motion prevailed.
Sen. Olson moved that the Senate do not concur in House amendments to SB 157 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Olson,
Tidemann, and Tieszen.
HCR 1009: A CONCURRENT RESOLUTION, Urging the federal government to honor
tribal identification cards.
Was read the second time.
Sen. Bradford moved that the Senate do concur in HCR 1009 as found on page 519 of the
House Journal.
The question being on Sen. Bradford's motion that HCR 1009 be concurred in.
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1009 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Education on HB 1234 as found on page 517 of the Senate Journal be adopted.
Which motion prevailed.
HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
lobbyists.
Was read the second time.
The question being "Shall HB 1196 pass as amended?"
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1052: FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard
to personal appearances in certain adoption appearances.
Was read the second time.
The question being "Shall HB 1052 pass?"
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bonding authority of the South Dakota Conservancy District.
Was read the second time.
The question being "Shall HB 1107 pass?"
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1187: FOR AN ACT ENTITLED, An Act to exempt health care sharing ministries
from the provisions of the health insurance code.
Was read the second time.
The question being "Shall HB 1187 pass?"
And the roll being called:
Yeas 27, Nays 2, Excused 6, Absent 0
Nays:
Peters; Vehle
Excused:
Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the
nomination of certain independent candidates.
Was read the second time.
The question being "Shall HB 1182 pass?"
And the roll being called:
Yeas 28, Nays 1, Excused 6, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Nays:
Frerichs
Excused:
Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1138: FOR AN ACT ENTITLED, An Act to declare that any person who maintains
or provides roll-your-own cigarette machines at retail establishments are cigarette
manufacturers.
"Section 2. The effective date of this Act is July 1, 2013."
"Section 2. The effective date of this Act is January 1, 2014."
Which request was supported.
The question being on Sen. Rhoden's motion that HB 1138 be further amended.
And the roll being called:
Yeas 9, Nays 19, Excused 7, Absent 0
Yeas:
Begalka; Bradford; Buhl; Haverly; Holien; Maher; Putnam; Rhoden; Sutton
Nays:
Adelstein; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Hunhoff (Jean); Juhnke;
Kraus; Krebs; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Tidemann; Tieszen;
Vehle
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 HB 1138 pass as amended?"
And the roll being called:
Yeas 21, Nays 7, Excused 7, Absent 0
Yeas:
Adelstein; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean);
Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave;
Tidemann; Tieszen; Vehle
Nays:
Begalka; Bradford; Buhl; Holien; Putnam; Rhoden; Sutton
Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 1269: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs
related to disasters and to pine beetle suppression and to declare an emergency.
Was read the second time.
The question being "Shall HB 1269 pass?"
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson
(Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway
HB 1270: FOR AN ACT ENTITLED, An Act to revise the time period for which
unclaimed property is presumed abandoned and to revise certain provisions regarding the
publication notice of unclaimed property.
Was read the second time.
The question being "Shall HB 1270 pass as amended?"
And the roll being called:
Yeas 26, Nays 2, Excused 7, Absent 0
Yeas:
Adelstein; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Nays:
Begalka; Bradford
Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway
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 127 was lost on second reading
and final passage.
The President publicly read the title to
SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2012.
SB 53: FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to
require certain accident reports to be filed by electronic means.
SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies
to certain rape offenses.
SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the
publication of the administrative rules.
SB 78: FOR AN ACT ENTITLED, An Act to allow an arrest to be expunged when the
criminal case is dismissed.
SB 103: FOR AN ACT ENTITLED, An Act to revise the procedure for cooperatives
giving notice to persons whose records are missing regarding ownership of securities,
apportionment of equity interest, money, or property.
SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for
Deadwood gaming.
SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of
the crime of aggravated assault.
SB 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer
postsecondary education services in South Dakota.
SB 194: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability, to revise the income eligibility requirements
for property tax and sales tax refunds, and to declare an emergency.
SB 195: FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes, to revise the state water
plan, to authorize the construction and establish the state cost share for the Belle Fourche
irrigation upgrade project, and to declare an emergency.
HB 1039: FOR AN ACT ENTITLED, An Act to exempt certain impaired driving
violations from the statutory limitation on enhanced penalties for second, third, or subsequent
violations.
HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance
Guarantee Association may become obligated to cover for annuities, to provide for retroactive
application, and to declare an emergency.
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.
HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the
investment of unneeded state operating expenses in banks.
HB 1114: FOR AN ACT ENTITLED, An Act to amend provision limiting the time used
to determine if a violation is a third or subsequent offense.
HB 1121: FOR AN ACT ENTITLED, An Act to amend rate stability provisions to include
plant additions.
HB 1125: FOR AN ACT ENTITLED, An Act to clarify the definition of engaging in
business in certain circumstances.
HB 1160: FOR AN ACT ENTITLED, An Act to provide for the award of filing fees as
court costs in certain appeals.
HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment for rape and sexual offense examinations.
HB 1229: FOR AN ACT ENTITLED, An Act to exempt certain persons from the
requirement to license as a mortgage loan originator.
HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
suspension of a driver license for certain alcoholic beverage violations.
And signed the same in the presence of the Senate.
SC 16 Introduced by: Senators Frerichs, Begalka, Bradford, Gray, Juhnke, Krebs, Olson
(Russell), Rhoden, Sutton, and Tidemann and Representatives Wismer, Brunner, Dennert,
Fargen, Feinstein, Olson (Betty), Sigdestad, Street, Turbiville, and Vanneman
SC 17 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown,
Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Holien, Hunhoff (Jean), Johnston,
Juhnke, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Peters, Putnam, Rampelberg,
Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives
Stricherz, Abdallah, Blake, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden,
Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey,
Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Jensen, Jones, Kirkeby, Kirschman, Kopp, Lucas,
Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry,
Romkema, Rozum, Russell, Schaefer, Scott, Sigdestad, Sly, Solum, Steele, Street, Tornow,
Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink,
and Wismer
Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at
3:50 p.m. the Senate adjourned.