The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of
Allegiance led by Senate page Brooke Clarke.
Roll Call: All members present except Sens. Hundstad and Nygaard 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-eighth 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of William F. Cerny of Gregory County, Burke, South
Dakota, to the Game, Fish and Parks Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment and
that said confirmation be placed on the Consent Calendar.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Duane K. Sather of Minnehaha County, Sioux Falls,
South Dakota, to the Game, Fish and Parks Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment and
that said confirmation be placed on the Consent Calendar
The Committee on Legislative Procedure respectfully reports that SB 48, 53, 68, 71, 78,
103, 108, 156, 191, 194, and 195 were delivered to his Excellency, the Governor, for his
approval at 9:40 a.m., February 28, 2012.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 10, 101, 106, 123, 145, 158, 169, and 188 and finds
the same correctly enrolled.
I have the honor to return herewith SB 75 and 174 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 1196.
I have the honor to return herewith SB 10, 101, 145, 158, 169, and 188 which have passed
the House without change.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 99.
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 second time.
Sen. Bradford moved that the Senate do concur in HCR 1014 as found on page 566 of the
House Journal.
The question being on Sen. Bradford's motion that HCR 1014 be concurred in.
And the roll being called:
Yeas 27, Nays 5, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Nays:
Brown; Kraus; Olson (Russell); Peters; Tieszen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1014 was concurred in.
HCR 1015: A CONCURRENT RESOLUTION, Urging the federal government to secure
our national borders and enforce United States immigration laws.
Was read the second time.
Sen. Rampelberg moved that the Senate do concur in HCR 1015 as found on page 568 of
the House Journal.
The question being on Sen. Rampelberg's motion that HCR 1015 be concurred in.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Gray; Hundstad; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1015 was concurred in.
HCR 1018: A CONCURRENT RESOLUTION, Urging Congress to restore the impact aid
program.
Was read the second time.
Sen. Juhnke moved that the Senate do concur in HCR 1018 as found on page 571 of the
House Journal.
The question being on Sen. Juhnke's motion that HCR 1018 be concurred in.
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Gray; Hundstad; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1018 was concurred in.
Sen. Hansen moved that the report of the Conference Committee on SB 99 as found on
page 573 of the Senate Journal be adopted.
The question being on Sen. Hansen's motion that the report of the Conference Committee
on SB 99 be adopted.
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Excused:
Hundstad; Nygaard; Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Olson moved that the reports of the Standing Committees on
Education on HB 1189 as found on page 568 of the Senate Journal; also
Appropriations on HB 1136 as found on page 570 of the Senate Journal; also
Appropriations on HB 1137 as found on page 570 of the Senate Journal; also
Appropriations on HB 1242 as found on page 571 of the Senate Journal; also
State Affairs on HB 1228 as found on page 571 of the Senate Journal be adopted.
Which motion prevailed.
HB 1096: FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals
involving home-rule municipalities.
Was read the second time.
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Gray; Hundstad; Nygaard; Rhoden
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 1189: FOR AN ACT ENTITLED, An Act to establish a deadline within each semester
after which no student may transfer to a school district other than the resident school district
through the enrollment options program.
Was read the second time.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Gray; Hundstad; Nygaard; Rhoden
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. Rhoden moved that HB 1247 be placed to follow 1126 on today's calendar.
Which motion prevailed.
HB 1126: FOR AN ACT ENTITLED, An Act to establish provisions that certain bonds
paid by, or on behalf of, certain persons with child support arrearages shall be paid to the
Department of Social Services to pay any child support the defendant owes.
Was read the second time.
The question being "Shall HB 1126 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, 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); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
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 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
voting rights of persons convicted of a felony or serving time in the state penitentiary.
Was read the second time.
The question being "Shall HB 1247 pass?"
And the roll being called:
Yeas 20, Nays 13, Excused 2, Absent 0
Yeas:
Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Kraus; Krebs;
Lederman; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Schlekeway;
Tidemann; Vehle
Nays:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hunhoff (Jean); Johnston; Juhnke; Maher; Nelson
(Tom); Putnam; Sutton; Tieszen
Excused:
Hundstad; Nygaard
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 1273: FOR AN ACT ENTITLED, An Act to prohibit the sale of loose leaf incense to
minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense,
to provide penalties therefor, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1273 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Nays:
Buhl
Excused:
Hundstad; Nygaard
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 1198: FOR AN ACT ENTITLED, An Act to revise the definition of firearm to include
certain antique, muzzle-loading, and black powder weapons in certain circumstances.
Was read the second time.
The question being "Shall HB 1198 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Nygaard
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 1253: FOR AN ACT ENTITLED, An Act to prohibit the judicial enforcement of any
religious codes.
Was read the second time.
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway;
Tidemann; Tieszen; Vehle
Nays:
Buhl; Frerichs; Rhoden; Sutton
Excused:
Hundstad; Nygaard
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.
HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article XII of the Constitution of the State of South Dakota,
relating to a balanced budget.
Was read the second time.
The question being "Shall HJR 1007 pass?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Begalka; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton;
Tidemann; Tieszen; Vehle
Nays:
Adelstein; Bradford; Buhl
Excused:
Hundstad; Nygaard
HB 1133: FOR AN ACT ENTITLED, An Act to establish the Legislature's Planning
Committee.
Was read the second time.
The question being "Shall HB 1133 pass as amended?"
And the roll being called:
Yeas 19, Nays 14, Excused 2, Absent 0
Yeas:
Adelstein; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Heineman; Holien; Johnston;
Lederman; Maher; Olson (Russell); Rampelberg; Rave; Schlekeway; Sutton; Tieszen; Vehle
Nays:
Begalka; Gray; Hansen (Tom); Haverly; Hunhoff (Jean); Juhnke; Kraus; Krebs; Nelson (Tom);
Novstrup (Al); Peters; Putnam; Rhoden; Tidemann
Excused:
Hundstad; Nygaard
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 1248: FOR AN ACT ENTITLED, An Act to provide for exceptions from certain
misdemeanor offenses relating to possession of handguns.
Was read the second time.
The question being "Shall HB 1248 pass?"
Yeas 22, Nays 11, Excused 2, Absent 0
Yeas:
Begalka; Brown; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean);
Juhnke; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Tidemann
Nays:
Adelstein; Bradford; Buhl; Gray; Holien; Johnston; Nelson (Tom); Peters; Sutton; Tieszen;
Vehle
Excused:
Hundstad; Nygaard
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 1185: FOR AN ACT ENTITLED, An Act to prohibit all qualified health plans offered
through a health care exchange from including abortion coverage.
Was read the second time.
The question being "Shall HB 1185 pass as amended?"
And the roll being called:
Yeas 26, Nays 6, Excused 3, Absent 0
Yeas:
Begalka; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff
(Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell);
Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen
Nays:
Adelstein; Bradford; Buhl; Cutler; Nelson (Tom); Vehle
Excused:
Hundstad; Nygaard; Peters
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 1186 pass as amended?"
And the roll being called:
Yeas 18, Nays 13, Excused 4, Absent 0
Yeas:
Begalka; Brown; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Krebs;
Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Tieszen
Nays:
Bradford; Buhl; Cutler; Frerichs; Hunhoff (Jean); Juhnke; Kraus; Lederman; Maher; Nelson
(Tom); Sutton; Tidemann; Vehle
Excused:
Adelstein; Gray; Hundstad; Nygaard
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 1266: FOR AN ACT ENTITLED, An Act to reduce the period of time necessary to
cure and validate certain adoption proceedings.
Was read the second time.
The question being "Shall HB 1266 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
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); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Hundstad; Nygaard
HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the Unified
Judicial System court automation fund and to declare an emergency.
"Section 4. That § 16-2-29.5 be amended to read as follows:
16-2-29.5. The clerk of court shall charge a records search fee in the amount of fifteen
twenty dollars for each record search conducted if the search is requested by a person who is not
a party named in the action for which the search is being requested. The clerk shall charge a fee
of five dollars if the requesting party certifies that the search is being requested in conjunction
with a pending state or federal cause of action. A separate fee shall be charged for each name,
whether individual or corporate, for which a search is requested. The clerk shall deposit the fee
in accordance with § 16-2-43. The clerk may not charge a records search fee if the search is
requested by an attorney of record or any member of the attorney of record's law firm or staff.
Section 5. After June 30, 2017, notwithstanding § 16-2-29.5, the clerk of court shall charge
a records search fee in the amount of fifteen dollars for each record search conducted if the
search is requested by a person who is not a party named in the action for which the search is
being requested.
Section 6. The provisions of this Act shall become effective January 1, 2013."
The question being "Shall HB 1058 pass as amended?"
And the roll being called:
Yeas 28, Nays 4, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Holien; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann;
Vehle
Excused:
Adelstein; Hundstad; Nygaard
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
The President publicly read the title to
SB 10: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
boating while under the influence.
SB 101: FOR AN ACT ENTITLED, An Act to authorize counties to borrow money using
promissory notes.
SB 106: FOR AN ACT ENTITLED, An Act to require the disclosure of certain public
employee contracts.
SB 123: FOR AN ACT ENTITLED, An Act to revise how the taxes are applied to rural
electric companies.
SB 145: FOR AN ACT ENTITLED, An Act to prohibit rebates and regulate contracts for
residential roofing goods and services.
SB 158: FOR AN ACT ENTITLED, An Act to create an exception to the loan or credit
limitations of state chartered banks.
SB 169: FOR AN ACT ENTITLED, An Act to establish the Regional Watershed Advisory
Task Force.
HB 1052: FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard
to personal appearances in certain adoption appearances.
HB 1066: FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased
persons who are indigent and the funeral expenses are the financial responsibility of the county.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
bonding authority of the South Dakota Conservancy District.
HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
posting of public notice for meetings of public bodies.
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.
HB 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the
nomination of certain independent candidates.
HB 1187: FOR AN ACT ENTITLED, An Act to exempt health care sharing ministries
from the provisions of the health insurance code.
HB 1227: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to
the rights of industrial and construction equipment dealers.
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.
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.
And signed the same in the presence of the Senate.
Sen. Olson moved that the Senate do now recess until 5:00 p.m., which motion prevailed
and at 3:25 p.m., the Senate recessed.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 28, 2012, I approved Senate Bills 14 and
15, and the same have been deposited in the office of the Secretary of State.
Sen. Brown moved that HB 1137 be placed to follow 1228 on today's calendar.
Which motion prevailed.
HB 1136: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula
and to make an appropriation.
Was read the second time.
Sen. Brown moved that HB 1136 be laid on the table.
The question being on Sen. Brown's motion that HB 1136 be laid on the table.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom);
Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Hundstad; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1242: FOR AN ACT ENTITLED, An Act to revise the general appropriations act for
fiscal year 2012.
Was read the second time.
Sen. Brown moved that HB 1242 be laid on the table.
The question being on Sen. Brown's motion that HB 1242 be laid on the table.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
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); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Hundstad; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1093: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the
general fund of school districts.
Was read the second time.
Sen. Brown moved that HB 1093 be laid on the table.
The question being on Sen. Brown's motion that HB 1093 be laid on the table.
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
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); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Hundstad; Nygaard
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1220: FOR AN ACT ENTITLED, An Act to conditionally repeal certain provisions
establishing network adequacy standards, quality assessment and improvement requirements,
utilization review and benefit determination requirements, and grievance procedures for
managed health care plans, and certain standards for managed health care plans if the Patient
Protection and Affordable Care Act is found to be unconstitutional.
Was read the second time.
The question being "Shall HB 1220 pass?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien;
Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann;
Tieszen; Vehle
Nays:
Bradford; Buhl; Frerichs; Sutton
Excused:
Hundstad; Nygaard
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.
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That subdivision (6) of § 10-45B-1 be amended to read as follows:
And the roll being called:
Yeas 18, Nays 15, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Hunhoff (Jean); Johnston;
Juhnke; Krebs; Lederman; Maher; Nelson (Tom); Rave; Rhoden; Tieszen; Vehle
Nays:
Bradford; Brown; Buhl; Haverly; Heineman; Holien; Kraus; Novstrup (Al); Olson (Russell);
Peters; Putnam; Rampelberg; Schlekeway; Sutton; Tidemann
Excused:
Hundstad; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
HB 1137: FOR AN ACT ENTITLED, An Act to make an appropriation to fund one-time
payments to state employees and to employees of providers, and to declare an emergency.
Was read the second time.
purpose of encouraging public service and for continued service in the state government
workforce. This payment will be made on March 30, 2012, and will be calculated as a
percentage of the employees' annualized salary effective as of March 23, 2012. This percentage
shall be five percent for an employee hired before March 24, 2009; three and four-tenths percent
for an employee hired March 24, 2009 to March 23, 2010, inclusive; and one and seven-tenths
percent for an employee hired March 24, 2010 to March 23, 2011, inclusive.
Section 2. For the purposes of this Act, annualized salary means an employee's hourly wage
times the number of hours in the fiscal year in which the payment is made times the percent of
time the employee is regularly scheduled to work, or the employee's annual salary times the
percent of time the employee is regularly scheduled to work. If a full-time employee's annual
salary is less than forty-six thousand dollars, the calculation shall be based on forty-six thousand
dollars times the percent of time the employee is regularly scheduled to work. If a full-time
employee's annual salary is more than one hundred fifty thousand dollars, the calculation shall
be based on one hundred fifty thousand dollars times the percent of time the employee is
regularly scheduled to work.
Section 3. Any payment pursuant to this Act is not to be considered as part of the employee's
base compensation or regular rate of pay, nor is the payment compensation for any past
performance or future action.
Section 4. The amount necessary to fund the one-time payment to employees may be
transferred to the appropriate budget units by the Bureau of Finance and Management. If there
is not enough funding to provide the required payments to the workforce in place at the time of
calculation, the bureau may reduce and prorate the amount of the one-time payments.
Section 5. The funds in section 7 of this Act are provided to enhance the military value of
Ellsworth Air Force Base, gain efficiencies for Ellsworth Air Force Base, mitigate encroachment
issues, and other actions as necessary to promote and facilitate the retention and possible
expansion of Ellsworth Air Force Base.
Section 6. The funds in section 7 of this Act which are unspent at the end of fiscal year
2012 may be carried over to the next fiscal year.
Section 7. That section 2 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(3) Governor's Office of Economic Development
Operating Expenses, General Funds, delete "$5,829,298" and insert "$6,329,298"
Adjust all totals accordingly.
Section 8. That section 2 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
(17) delete "State Government Energy Program" and insert "Employee Compensation"
Personal Services, General Funds, delete "$0" and insert "$12,296,256"
Personal Services, Federal Funds, delete "$0" and insert "$5,692,174"
Personal Services, Other Funds, delete "$0" and insert "$13,210,064"
Operating Expenses, General Funds, delete "$0" and insert "$193,023"
Adjust all totals accordingly.
Section 9. That section 17 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$11,373,512" and insert "$11,623,005"
Operating Expenses, Federal Funds, delete "$8,150,915" and insert "$8,358,592"
Adjust all totals accordingly.
Section 10. That section 18 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(2) Developmental Disabilities
Operating Expenses, General Funds, delete "$39,928,174" and insert "$41,093,167"
Operating Expenses, Federal Funds, delete "$67,595,659" and insert "$69,208,823"
Adjust all totals accordingly.
Section 11. That section 18 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(4) Rehabilitation Services
Operating Expenses, General Funds, delete "$2,985,153" and insert "$3,052,457"
Adjust all totals accordingly.
Section 12. That section 21 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
UNIFIED JUDICIAL SYSTEM
(2) Unified Judicial System
Operating Expenses, General Funds, delete "$2,367,181" and insert "$2,387,161"
Adjust all totals accordingly.
Section 13. The Department of Social Services shall utilize $4,030,039 in general funds and
$4,204,303 in federal fund expenditure authority appropriated in section 8, chapter 23 of the
2011 Session Laws for the purposes of providing a one-time increase to various providers.
Section 14. That section 12 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(2A) Nonrecurring State Aid to General Education Formula Allocation
Personal Services $0 $0 $0 $0
Operating Expenses $8,689,359 $0 $0 $8,689,359
Total $8,689,359 $0 $0 $8,689,359
F.T.E. 0.0
The funding appropriated by this subsection shall be distributed to the school districts through
the existing distribution formula on a nonrecurring basis.
Adjust all totals accordingly.
Section 15. That section 12 of chapter 23 of the 2011 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(11) Education Resources
Operating Expenses, General Funds, delete "$4,778,181" and insert "$5,028,181"
Section 16. That chapter 23 of the 2011 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 17. The Governor and the Chief Justice shall approve vouchers and the state auditor
shall draw warrants to pay expenditures authorized by this Act.
Section 18. 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 question being "Shall HB 1137 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, 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); Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Nygaard
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 7.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on
Wednesday, February 29, the 30th legislative day.
Which motion prevailed.
SC 21 Introduced by: Senators Frerichs, Begalka, Bradford, Brown, Fryslie, Hansen (Tom),
Hunhoff (Jean), Juhnke, Krebs, Maher, Nygaard, Olson (Russell), Putnam, Rampelberg,
Rhoden, Sutton, Tidemann, and Vehle and Representatives Vanneman, Bolin, Brunner, Cronin,
Dennert, Elliott, Feickert, Greenfield, Hoffman, Hunhoff (Bernie), Jones, Kloucek, Kopp,
Lucas, Nelson (Stace), Olson (Betty), Rausch, Schaefer, Scott, Sigdestad, Street, Tulson, Van
Gerpen, Verchio, and Wismer