The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of
Allegiance led by Senate page Shaunday Antoine.
Roll Call: All members present except Sen. Hundstad who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-seventh 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 President introduced the 2011 Tabor Czech Days Queen, Emily Manas of Lesterville,
the 2011 Tabor Czech Days Princess Jenna Lammers of Hartington, NE, and the 2012 Miss
Rodeo South Dakota, Courtney Peterson of Sisseton to the body.
The Committee on Education respectfully reports that it has had under consideration
HB 1189 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 HB 1266 and returns the same with the recommendation that said bill do pass.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1058 and returns the same with the recommendation that said bill be amended as follows:
Section 2. The Chief Justice shall approve vouchers and the state auditor shall draw warrants
to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1136 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1137 and returns the same with the recommendation that said bill be amended as follows:
Section 2. There is hereby appropriated from the general fund the sum of one dollar ($1),
or so much thereof as may be necessary, to the Department of Social Services for the purpose
of providing a one-time payment to employees of providers.
Section 3. TheBureau of Finance and Management shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1242 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1078 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1122 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1093 and 1220 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1228 and returns the same with the recommendation that said bill be amended as follows:
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
The Committee on Legislative Procedure respectfully reports that SB 22, 37, 42, 46, 47,
70, 72, 82, 84, 90, 104, 128, 137, 154, 176, 177, 189, and 196 were delivered to his Excellency,
the Governor, for his approval at 9:40 a.m., February 27, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 112, 186, and 192 and finds the same correctly
enrolled.
MR. PRESIDENT:
The Conference Committee respectfully reports that it has considered SB 99 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Jim White Tom Hansen
House Committee Chair Senate Committee Chair
I have the honor to return herewith SB 106 and 123 which have 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 concurred in Senate
amendments to HB 1066, 1131, and 1227.
I have the honor to inform your honorable body that the House has appointed Reps.
Rausch, Gosch, and Hawley 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 157.
I have the honor to return herewith SB 112, 186, and 192 which have passed the House
without change.
I have the honor to transmit herewith HCR 1014, 1015, and 1018 which have been adopted
by the House and your concurrence is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1059 and 1230.
Sen. Rhoden moved that the Senate do concur in House amendments to SB 123.
The question being on Sen. Rhoden's motion that the Senate do concur in House
amendments to SB 123.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Brown; Heineman; Novstrup (Al)
Excused:
Hundstad
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
The question being on Sen. Novstrup's motion that the Senate do concur in House
amendments to SB 106.
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; 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:
Hundstad
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
HCR 1014: A CONCURRENT RESOLUTION, Urging the United States Department of
Veterans Affairs to reconsider its proposed closure of certain VA facilities in Hot Springs.
Was read the first time, the President waived the referral to committee, and placed
HCR 1014 on the calendar of Tuesday, February 28, the 29th legislative day.
HCR 1015: A CONCURRENT RESOLUTION, Urging the federal government to secure
our national borders and enforce United States immigration laws.
Was read the first time, the President waived the referral to committee, and placed
HCR 1015 on the calendar of Tuesday, February 28, the 29th legislative day.
HCR 1018: A CONCURRENT RESOLUTION, Urging Congress to restore the impact aid
program.
Was read the first time, the President waived the referral to committee, and placed
HCR 1018 on the calendar of Tuesday, February 28th, the 29th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on HB 1096 as found on page 553 of the Senate Journal be adopted.
Which motion prevailed.
HB 1045: FOR AN ACT ENTITLED, An Act to revise various trust provisions.
Was read the second time.
The question being "Shall HB 1045 pass?"
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; 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:
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.
Sen Olson moved that HB 1234 be immediately considered.
Which motion prevailed and HB 1234 was up for immediate consideration.
HB 1234: FOR AN ACT ENTITLED, An Act to provide incentives to teach in critical
need areas, to provide for rewards for the best teachers and those teaching in math and science
subject areas, to revise certain provisions regarding evaluation of teachers, to create a system
for evaluating principals, to distinguish between tenured and nontenured teachers, to revise
certain provisions regarding the employment of teachers, and to repeal provisions regarding the
teacher compensation assistance program.
Sen. Frerichs requested a roll call vote.
Which request was not supported.
The question being on Sen. Peters' motion that HB 1234 be further amended.
Which motion prevailed.
"Section 11. There is hereby established the South Dakota Education Reform Advisory
Council. The council shall examine the following education reform issues:
Sen. Schlekeway requested a roll call vote.
Which request was supported.
The question being on Sen. Schlekeway's motion that HB 1234 be further amended.
And the roll being called:
Yeas 10, Nays 24, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Hunhoff (Jean); Schlekeway; Sutton;
Tidemann
Nays:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Juhnke; Kraus;
Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters;
Putnam; Rampelberg; Rave; Rhoden; Tieszen; Vehle
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Adelstein requested a roll call vote.
Which request was supported.
The question being on Sen. Adelstein's motion that HB 1234 be further amended.
And the roll being called:
Yeas 14, Nays 20, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Holien; Johnston; Nygaard; Rampelberg;
Schlekeway; Sutton; Tidemann; Vehle
Nays:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Juhnke; Kraus;
Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave;
Rhoden; Tieszen
Excused:
Hundstad
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
"Section 22. Participation in the top teachers reward program is required for all teachers
who are full-time employees of a participating school district and have received a distinguished
rating pursuant to section 23 of this Act."
Which request was supported.
The question being on Sen. Adelstein's motion that HB 1234 be further amended.
And the roll being called:
Yeas 12, Nays 22, Excused 1, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Gray; Johnston; Krebs; Nygaard; Rampelberg; Schlekeway;
Sutton; Tidemann
Excused:
Hundstad
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Which request was supported.
The question being on Sen. Adelstein's motion that HB 1234 be further amended.
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Gray; Hansen (Tom); Krebs; Maher; Nygaard;
Sutton; Tidemann; Vehle
Nays:
Brown; Cutler; Fryslie; Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus;
Lederman; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Tieszen
Excused:
Hundstad
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
"Section 64. There is hereby established the South Dakota Education Reform Advisory
Council. The council shall advise upon the implementation of this Act, and shall examine
further education reform issues including:
Section 65. The South Dakota Education Reform Advisory Council established in section
64 of this Act shall consist of the following members:
Which request was supported.
The question being on Sen. Olson's motion that HB 1234 be further amended.
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rave; Schlekeway; Tidemann;
Tieszen; Vehle
Nays:
Frerichs; Hunhoff (Jean); Rampelberg; Rhoden; Sutton
Excused:
Hundstad
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
Sen. Olson moved the previous question.
Which motion prevailed.
Sen. Frerichs appealed the ruling of the chair that HB 1234 needed a simple majority.
Sen. Frerichs' motion to appeal was withdrawn.
And the roll being called:
Yeas 22, Nays 12, Excused 1, Absent 0
Yeas:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Juhnke; Kraus;
Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Rampelberg;
Rave; Rhoden; Tieszen; Vehle
Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Hunhoff (Jean); Nygaard; Putnam;
Schlekeway; Sutton; Tidemann
Excused:
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.
HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child
custody during a soldier's deployment.
Was read the second time.
The question being "Shall HB 1046 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; 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:
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.
Was read the second time.
The question being "Shall HB 1179 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; 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:
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.
Sen. Olson moved that HB 1247 be placed to follow HB 1185 on today's calendar.
Which motion prevailed.
HB 1206: FOR AN ACT ENTITLED, An Act to make an appropriation for emergency
food assistance grants and to repeal the sales tax on food refund program.
Was read the second time.
The question being "Shall HB 1206 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Gray; Haverly; Holien; Hunhoff
(Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Peters;
Putnam; Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Hundstad; Olson (Russell)
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 1171: FOR AN ACT ENTITLED, An Act to clarify certain rules of evidence to
determine the value of services for which special damages may be awarded in health care
malpractice cases.
Was read the second time.
The question being "Shall HB 1171 pass as amended?"
And the roll being called:
Yeas 14, Nays 19, Excused 2, Absent 0
Yeas:
Brown; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Johnston; Krebs; Lederman;
Peters; Rave; Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Holien; Juhnke; Kraus;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Putnam; Rampelberg; Rhoden; Vehle
Excused:
Hundstad; Olson (Russell)
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Which motion prevailed.
Sen. Brown moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Tuesday, February 28, the 29th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of
retail gaming licenses in Deadwood in which a person may have a financial interest.
SB 186: FOR AN ACT ENTITLED, An Act to update the definition of the nonsectarian
textbooks that are loaned to certain students to include digital materials.
SB 192: FOR AN ACT ENTITLED, An Act to make appropriations for the purpose of
one-time increases in education and health care funding.
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.
HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary
provisions pertaining to the Department of Game, Fish and Parks.
HB 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to implement the long-term capital project request of the
Board of Regents providing for the demolition, construction, remodeling, or renovation of
various structures on the campuses of the state's universities and to make appropriations
therefor.
HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by
shooting under certain conditions.
HB 1130: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain
documents filed with the county register of deeds, to create a county and statewide fund for the
purpose of modernizing and preserving records, and to distribute certain revenue.
HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
sale of certain surplus property in Yankton County.
HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
disposal of local government property.
HB 1199: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
distribution of funds to sparse school districts.
HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
decision of a pregnant mother considering termination of her relationship with her child by an
abortion, to establish certain procedures to insure that such decisions are voluntary, uncoerced,
and informed, and to revise certain causes of action for professional negligence relating to
performance of an abortion.
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.
HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article XIII, sections 20 and 21 of the Constitution of the
State of South Dakota, relating to the trust fund created from the proceeds of the state cement
enterprise sales.
And signed the same in the presence of the Senate.
SC 18 Introduced by: Senators Begalka, Adelstein, Brown, Frerichs, Fryslie, Gray, Haverly,
Heineman, Holien, Hunhoff (Jean), Juhnke, Kraus, Krebs, Maher, Novstrup (Al), Olson
(Russell), Rhoden, Sutton, Tieszen, and Vehle and Representatives Greenfield, Brunner,
Deelstra, Haggar, Hickey, Jensen, Kirschman, Kloucek, Kopp, Magstadt, Nelson (Stace), Perry,
Rausch, Sly, Solum, Street, Tulson, Venner, Wick, and Willadsen
including Virgil Leclercq, Sam Pond, Bailey Comes, Taylor Zemlicka, Carson Britzman,
Branden Thyen, Zach Stricherz, Chris Arthur, Brent Zemlicka, Jordan Buchholz, Tyson
Zemlicka, Austin Buchholz, Tyler Mundahl, Gage Whitted, Zach Adair, Andrew Thyen, Elton
Schmeling, Jason Thyen, Louis Clark, Jesse Bush, and Ridge Lindberg; and
SC 19 Introduced by: Senators Begalka, Adelstein, Brown, Frerichs, Fryslie, Gray, Haverly,
Heineman, Holien, Hunhoff (Jean), Juhnke, Kraus, Krebs, Maher, Novstrup (Al), Olson
(Russell), Rhoden, Sutton, Tieszen, and Vehle and Representatives Street, Brunner, Deelstra,
Greenfield, Haggar, Hickey, Jensen, Kirschman, Kloucek, Kopp, Magstadt, Nelson (Stace),
Perry, Rausch, Sly, Solum, Tulson, Venner, Wick, and Willadsen
Sen. Begalka moved that the Senate do now adjourn, which motion prevailed and at
5:15 p.m., the Senate adjourned.