The prayer was offered by the Chaplain, Paul Bly, followed by the Pledge of Allegiance
led by Senate page Peter Delgado Jr.
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 thirtieth 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 29, 2012, I approved Senate Bills 5, 8, 11,
13, 19, 20, 29, 30, 31, 39, 41, 56, 57, 67, 69, 87, 107, 115, and 168, and the same have been
deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that SB 43, 75, 161, 162, 174,
and 187 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., March
1, 2012.
The Conference Committee respectfully reports that it has considered SB 141 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 141 be amended as follows:
"or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members, or a pattern of abusive behaviors by persons in an intimate relationship such as marriage, dating, or cohabitation. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse
if the underlying criminal act is committed between family or household members or persons
in an intimate relationship;".
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1234.
I have the honor to inform your honorable body that the House has appointed Reps. Wick,
Willadsen, and Feickert 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 91.
Sen. Olson moved that the Senate do now recess until 1:00 p.m., which motion prevailed
and at 10:15 a.m., the Senate recessed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 157 and finds the same correctly enrolled.
The Conference Committee respectfully reports that it has considered SB 183 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 183 be amended as follows:
The Conference Committee respectfully reports that it has considered SB 193 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do not concur with the House amendments to SB 193 and do
appoint a new committee.
Respectfully submitted, Respectfully submitted,
David Lust Larry Tidemann
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 91 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 91 be amended as follows:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 157.
I have the honor to inform your honorable body that the House has passed HB 1116 over
the veto of the Governor. The veto message of the Governor is found on page 687 of the House
Journal.
We hereby request your favorable consideration in passing HB 1116, the veto of the
Governor notwithstanding.
I have the honor to inform your honorable body that a change has been made in the House
Conference Committee on SB 77. The committee should be Reps. Gosch, Cronin, and Fargen.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1228.
Sen. Johnston moved that the Senate do concur in House amendments to SB 25.
The question being on Sen. Johnston's motion that the Senate do concur in House
amendments to SB 25.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; 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:
Bradford; Hundstad; Nygaard
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 1016: A CONCURRENT RESOLUTION, Concerning endorsement of Taiwan's
participation as observer in the International Civil Aviation Organization (ICAO), and the 28th
anniversary of sister state relations with the Province of Taiwan in the Republic of China
(Taiwan).
Was read the second time.
Sen. Brown moved that the Senate do concur in HCR 1016 as found on page 569 of the
House Journal and as amended on page 620 of the House Journal.
The question being on Sen. Brown's motion that HCR 1016 be concurred in as amended.
And the roll being called:
Yeas:
Adelstein; Begalka; 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:
Bradford; 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 1016 was concurred in as amended.
Sen. Novstrup moved that the report of the Conference Committee on SB 91 as found on
page 643 of the Senate Journal be adopted.
The question being on Sen. Novstrup's motion that the report of the Conference Committee
on SB 91 be adopted.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; 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:
Bradford; Hundstad; Nygaard
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. Peters moved that SB 141 be placed to follow SB 193 on today's calendar.
Which motion prevailed.
The question being on Sen. Vehle's motion that the report of the Conference Committee
on SB 183 be adopted.
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 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. Tidemann moved that the report of the Conference Committee on SB 193 as found
on page 642 of the Senate Journal be adopted.
The question being on Sen. Tidemann's motion that the report of the Conference
Committee on SB 193 be adopted.
Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 193 as found on page 642 of the Senate Journal and do not
appoint a new committee.
The question being on Sen. Brown's substitute motion to not adopt the report of the
Conference Committee on SB 193 and to not appoint a new committee.
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
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, the report was not adopted, and no new committee was
appointed.
Sen. Brown moved that the Senate do now recess until 4:00 p.m., which motion prevailed
and at 1:40 p.m., the Senate recessed.
The President publicly read the title to
SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state
accountability system for public elementary and secondary schools.
SB 157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor
advertising signs.
SB 183: FOR AN ACT ENTITLED, An Act to establish the elements of the offense of
juvenile sexting and to provide a penalty therefor.
HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child
custody during a soldier's deployment.
HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the Unified
Judicial System court automation fund and revise certain record search fees charged by clerks
of court.
HB 1096: FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals
involving home-rule municipalities.
HB 1137: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2012 and to declare an emergency.
HB 1186: FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from
circulating petitions and to provide a penalty for the violation thereof.
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.
HB 1228: FOR AN ACT ENTITLED, An Act to provide tax refunds for certain energy
projects.
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.
And signed the same in the presence of the Senate.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 25 and 183 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 157 was delivered
to his Excellency, the Governor, for his approval at 2:55 p.m., March 1, 2012.
The Conference Committee respectfully reports that it has considered SB 130 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 130 be amended as follows:
Respectfully submitted, Respectfully submitted,
Jacqueline Sly Dan Lederman
House Committee Chair Senate Committee Chair
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on SB 141 and no new committee was appointed.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1137.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 183.
Sen. Lederman moved that the report of the Conference Committee on SB 130 as found
on page 648 of the Senate Journal be adopted.
The question being on Sen. Lederman's motion that the report of the Conference
Committee on SB 130 be adopted.
And the roll being called:
Yeas 27, Nays 5, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman;
Holien; Johnston; Juhnke; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Olson
(Russell); Peters; Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Bradford; Buhl; Hunhoff (Jean); Maher; Putnam
Excused:
Hundstad; Nygaard; Rave
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 when we adjourn today, we adjourn to convene at 10:00 a.m. on
Friday, March 2, the 32nd legislative day.
Which motion prevailed.
The Senate proceeded to the reconsideration of HB 1116 pursuant to the veto of the
Governor and the veto message found on page 687 of the House Journal as provided in Article
IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall HB 1116 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 26, Nays 6, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly;
Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Putnam;
Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Brown; Heineman; Juhnke; Novstrup (Al); Olson (Russell); Peters
Excused:
Hundstad; Nygaard; Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed, the veto of the Governor notwithstanding.
Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at
4:35 p.m. the Senate adjourned.