The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance
led by Senate page Michaela Stroup.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the 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.
The Committee on Judiciary respectfully reports that it has had under consideration SB 35,
36, 39, and 43 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 52 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 65 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 62 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 66 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Education respectfully reports that it has had under consideration SB 4
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 3
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 5
and returns the same with the recommendation that said bill be amended as follows:
Section 6. There is hereby created the Council on Higher Education Policy Goals,
Performance, and Accountability. The council shall consist of the following members:
Section 7. Beginning in 2015, and in every year immediately following a gubernatorial
election thereafter, the Council on Higher Education Policy Goals, Performance, and
Accountability shall meet to review, endorse, and recommend to the executive branch, the
Legislature, and the respective postsecondary education governing boards the four-year goals
for the public postsecondary education systems and institutions and the performance metrics
by which the council will monitor the progress toward those goals. The initial goals established
by the council shall take effect on July 1, 2015, and subsequent goals will take effect every four
years thereafter. In intervening years, the council shall meet annually to monitor the progress
toward the goals. When establishing goals and performance metrics, the council shall draw
upon public input from any persons who may be concerned or knowledgeable in these areas.
A majority of the members appointed to the council constitutes a quorum for the purposes of
conducting business. Any action may be taken by a vote of the majority of the members present
at a meeting. The duties of the council include only those stipulated in this Act and do not
impinge on the constitutional powers and duties of the Board of Regents or the legislative
powers and duties of the Board of Education or include participation in the operation,
management, or oversight of any postsecondary education institution in the state.
Section 8. The Board of Regents and the Board of Education shall each provide to the
Council on Higher Education Policy Goals, Performance, and Accountability an annual
accountability report. The initial accountability report, to be provided to the council in 2013,
shall contain, for each of the postsecondary education institutions under the respective board's
control, information on the following:
Section 9. To achieve the public purpose and goals established for postsecondary education
in the state pursuant to this Act, the state funding for the higher education system may be
calculated as follows:
subdivision (2), and the amount calculated in this subdivision for a mission
expansion increase is greater than the projected state general fund increase, each
higher education institution shall receive a pro rata share of the total amount
calculated. The mission expansion increase shall be calculated as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 40 which was tabled.
I have the honor to transmit herewith HB 1022, 1040, 1041, 1042, 1043, 1044, and 1058
which have passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
January 18, the 8th legislative day.
Which motion prevailed.
Sen. Olson moved that the report of the Standing Committee on
Health and Human Services on SB 24 as found on page 114 of the Senate Journal be
adopted.
Which motion prevailed.
SB 78 Introduced by: Senators Vehle, Maher, Novstrup (Al), and Welke and
Representatives Verchio, Heinert, Miller, Romkema, and Rozum
Was read the first time and referred to the Committee on Transportation.
SB 79 Introduced by: Senators Maher, Brown, Kirkeby, Lederman, and Rhoden and
Representatives Olson (Betty), Kaiser, Nelson, and Russell
FOR AN ACT ENTITLED, An Act to deposit money in the permanent school fund based
on certain acres of school and public lands open to public hunting.
Was read the first time and referred to the Committee on Education.
SB 80 Introduced by: Senators Maher, Begalka, Bradford, Brown, Frerichs, Lucas, and
Sutton and Representatives Sly, Bartling, Feickert, Hawley, Heinert, Hoffman, Hunhoff
(Bernie), Killer, Kopp, May, Nelson, Olson (Betty), Parsley, Russell, Schaefer, Schrempp,
Stevens, Tyler, Verchio, and Wismer
FOR AN ACT ENTITLED, An Act to reinstate certain provisions repealed in the Eighty-seventh Legislative Session regarding the accounting for federal impact aid.
Was read the first time and referred to the Committee on Education.
SB 81 Introduced by: Senators Adelstein, Begalka, Bradford, Buhl, Holden, Lederman,
Maher, Rampelberg, and Tieszen and Representatives Hunhoff (Bernie), Hoffman, Kopp, Olson
(Betty), and Schrempp
FOR AN ACT ENTITLED, An Act to prohibit certain political activity within the Office
of the Secretary of State.
Was read the first time and referred to the Committee on State Affairs.
SB 82 Introduced by: Senators Adelstein, Bradford, and Buhl and Representatives Hunhoff
(Bernie), Kopp, and Schrempp
FOR AN ACT ENTITLED, An Act to provide for the nonpolitical election of the secretary
of state.
Was read the first time and referred to the Committee on State Affairs.
SB 83 Introduced by: Senators Holden, Adelstein, Begalka, Jensen, Lederman, Lucas, Maher, Omdahl, Otten (Ernie), Soholt, Tieszen, and Welke and Representatives Magstadt,
Craig, Greenfield, Haggar (Don), Nelson, Olson (Betty), Parsley, Rounds, Rozum, Solum, and
Tulson
FOR AN ACT ENTITLED, An Act to designate Welcome Home Vietnam Veterans Day
as a working holiday.
Was read the first time and referred to the Committee on State Affairs.
SB 84 Introduced by: Senator Johnston and Representative Schrempp
FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic Commission and
to provide for the supervision of boxing, kickboxing, mixed martial arts competitions and
sparring exhibitions in the state.
Was read the first time and referred to the Committee on State Affairs.
SB 85 Introduced by: Senators Olson (Russell), Brown, Frerichs, Holden, Johnston, Krebs,
Lederman, Novstrup (Al), Rave, Tidemann, Welke, and White and Representatives Magstadt,
Cronin, Greenfield, Hoffman, Hunhoff (Bernie), Munsterman, Novstrup (David), Parsley,
Peterson, Rounds, Solum, and Wick
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production
incentive payment available to ethanol producers.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 86 Introduced by: Senators Kirkeby, Lederman, Lucas, and Tieszen and
Representatives Rounds, Craig, Heinert, Nelson, Rozum, Tulson, and Tyler
FOR AN ACT ENTITLED, An Act to increase the minimum salary payable to county
officials, state's attorneys, and sheriffs.
Was read the first time and referred to the Committee on Local Government.
SB 87 Introduced by: Senators Peters, Brown, Holden, Lederman, Olson (Russell), Rave,
Rhoden, Tidemann, Vehle, and White and Representatives Cronin, Gosch, Lust, and Rounds
FOR AN ACT ENTITLED, An Act to establish the effective date of the sales tax
collection allowance for retailers.
Was read the first time and referred to the Committee on Commerce and Energy.
FOR AN ACT ENTITLED, An Act to authorize the county to deny bids on county sales
of tax deed properties if the bidder is not current on property taxes due.
Was read the first time and referred to the Committee on Local Government.
SB 89 Introduced by: Senators Olson (Russell), Brown, Frerichs, Holden, Johnston, Krebs,
Lederman, Novstrup (Al), Rave, Tidemann, Welke, and White and Representatives Solum,
Cronin, Greenfield, Hoffman, Hunhoff (Bernie), Magstadt, Munsterman, Novstrup (David),
Parsley, Peterson, Rounds, Verchio, and Wick
FOR AN ACT ENTITLED, An Act to limit the liability of retail dealers in petroleum
products under certain conditions.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 90 Introduced by: Senators Peters and Tidemann and Representatives Romkema and
Carson
FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal
year 2013, to provide funding for the increased costs associated with the employee health
insurance and internal service bureaus, and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 91 Introduced by: Senators Begalka, Lucas, and Otten (Ernie) and Representatives
Nelson, Hickey, Kaiser, Kopp, Olson (Betty), Parsley, Peterson, Russell, and Stalzer
FOR AN ACT ENTITLED, An Act to reduce the rate for the contractor's excise tax over
a period of time and to repeal the contractor's excise tax in three years.
Was read the first time and referred to the Committee on Appropriations.
SB 92 Introduced by: Senators Kirkeby, Johnston, Lederman, Lucas, Maher, Monroe,
Novstrup (Al), Otten (Ernie), Rave, Rhoden, and Welke and Representatives Solum, Conzet,
Cronin, Dryden, Feickert, Feinstein, Greenfield, Heinert, Hoffman, Hunhoff (Bernie), Johns,
Magstadt, Miller, Munsterman, Novstrup (David), Olson (Betty), Otten (Herman), Rozum,
Schaefer, Schrempp, Stalzer, Tyler, Verchio, and Wink
FOR AN ACT ENTITLED, An Act to provide for the repair of property that has sustained
damage when the materials are no longer available in the marketplace.
SB 93 Introduced by: Senators Kirkeby, Brown, Johnston, Krebs, Lederman, Lucas,
Maher, Monroe, Novstrup (Al), Olson (Russell), Otten (Ernie), Rave, and Rhoden and
Representatives Hoffman, Conzet, Cronin, Dryden, Feickert, Greenfield, Heinert, Johns, Kaiser,
Magstadt, Miller, Munsterman, Novstrup (David), Olson (Betty), Otten (Herman), Rozum,
Schaefer, Schrempp, Solum, Stalzer, Tyler, Verchio, and Wink
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning requirements
of fire sprinklers in single family dwellings.
Was read the first time and referred to the Committee on Local Government.
SB 94 Introduced by: Senators Lucas, Adelstein, Begalka, Bradford, Buhl, Jensen,
Kirkeby, Lederman, Novstrup (Al), Sutton, Van Gerpen, and Welke and Representatives
Hickey, Bolin, Craig, Duvall, Ecklund, Gibson, Hajek, Hawks, Heinert, Hoffman, Killer, Kopp,
Latterell, Magstadt, Qualm, Schaefer, Schoenfish, Sly, Soli, Steele, Tulson, Tyler, and Wick
FOR AN ACT ENTITLED, An Act to prohibit a social host from permitting the underage
consumption of alcoholic beverages on the social host's premises and to provide penalties
therefor.
Was read the first time and referred to the Committee on State Affairs.
HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain outdated programs relating
to the Department of Human Services.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1040: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to
provide lists of licensed boat dealers.
Was read the first time and referred to the Committee on Taxation.
HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
purchase price of rebuilt motor vehicles and to create a motor vehicle excise tax exemption for
sales tax paid on parts used in rebuilt motor vehicles and vehicles manufactured by individuals.
Was read the first time and referred to the Committee on Transportation.
Was read the first time and referred to the Committee on Transportation.
HB 1043: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to
establish an electronic title system for motor vehicles and to revise certain provisions regarding
an electronic lien filing system.
Was read the first time and referred to the Committee on Transportation.
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
practice of optometry.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1058: FOR AN ACT ENTITLED, An Act to repeal and revise certain statutes related
to the Animal Industry Board.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Sen. Maher requested that SB 56 be removed from the Consent Calendar.
SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
references to the Internal Revenue Code.
Was read the second time.
The question being "Shall SB 54 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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.
SB 46: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutes and cross
references related to the Department of Health.
Was read the second time.
The question being "Shall SB 46 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holden;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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.
SB 38: FOR AN ACT ENTITLED, An Act to increase the penalty for sexual acts between
correction facility employees and juvenile detainees.
Was read the second time.
The question being "Shall SB 38 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
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.
SB 60: FOR AN ACT ENTITLED, An Act to revise certain definitions regarding the
appraiser certification program.
Was read the second time.
The question being "Shall SB 60 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
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.
SB 26: FOR AN ACT ENTITLED, An Act to update terminology for individuals with
intellectual disabilities and similar terms.
Was read the second time.
The question being "Shall SB 26 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
The President introduced Alayna Siemonsma, South Park Elementary in Rapid City, South
Dakota, 2012 South Dakota Milken Educator, and Katie Anderson, East Middle School in
Rapid City, South Dakota, 2013 South Dakota Teacher of the Year, to the body .
Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at
2:40 p.m. the Senate adjourned.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of eight former members of the South Dakota Legislature, namely: the Honorable James E.
"Jim" Abdnor; the Honorable Leonard E. Andera; the Honorable Charles E. "Eddie" Clay; the
Honorable Bertrum E. Ellingson; the Honorable Frank E. "Rudy" Henderson; the Honorable
Maurice J. "Maury" LaRue; the Honorable George H. Shanard; and the Honorable Burdette
C. Solum; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-eighth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the
Senate and the House of Representatives of the Eighty-eighth Session of the Legislature of the
State of South Dakota, now assembled this 17th day of January, 2013, at Pierre, South Dakota.