The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Corwin Coldman.
Roll Call: All members present except Sens. Buhl, Hunhoff, Peters, Begalka 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 eleventh 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 Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Gary D. Jensen,
Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective January 10, 2013, and shall continue until January 10, 2016.
December 7, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed James C. Spies,
Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective immediately, and shall continue until January 10, 2016.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Charles M.
Turbiville, Lawrence County, Deadwood, South Dakota, to the South Dakota Lottery
Commission.
This appointment is effective January 8, 2013, and shall continue until January 1, 2016.
February 8, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Brent E. Dykstra,
Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission.
This appointment is effective immediately, and shall continue until January 1, 2015.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 42-7A-17 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Roger P. Novotny,
Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission.
This appointment is effective immediately, and shall continue until January 1, 2015.
February 17, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed William R. Grode,
Pennington County, Rapid City, South Dakota, to the Board of Pardons and Paroles.
This appointment is effective February 18, 2012, and shall continue until January 18, 2016.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed Tom Graham,
Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.
This appointment is effective immediately, and shall continue until January 18, 2016.
January 3, 2013
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Lyla Hutchinson,
Shannon County, Wounded Knee, South Dakota, to the State Brand Board.
This appointment is effective January 7, 2013, and shall continue until January 4, 2016.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Wanda J. Blair,
Meade County, Vale, South Dakota, to the State Brand Board.
This appointment is effective immediately, and shall continue until January 4, 2016.
June 14, 2012
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have reappointed Patrick L.
Weber, Clay County, Vermillion, South Dakota, to the State Board of Regents.
This appointment is effective immediately, and shall continue until July 1, 2014.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 63 and finds the same correctly enrolled.
The Committee on Transportation respectfully reports that it has had under consideration
SB 53 and 78 and returns the same with the recommendation that said bills do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 103 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1066 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 84 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 81 which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HCR 1003 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 63 which has passed the House without change.
I have the honor to transmit herewith HB 1004, 1034, 1074, 1079, 1110, and 1112 which
have passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that HCR 1001 and HCR 1002 be deferred to Monday, January 28, the
13th legislative day.
Which motion prevailed.
Which motion prevailed.
Sen. Brown moved that SB 176 be referred from the Committee on Appropriations to the
Committee on Agriculture and Natural Resources.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 76 as found on page 194 of the Senate Journal; also
Appropriations on SB 18 as found on page 195 of the Senate Journal; also
Appropriations on SB 19 as found on page 195 of the Senate Journal; also
Agriculture and Natural Resources on SB 59 as found on page 197 of the Senate Journal
be adopted.
Which motion prevailed.
SB 191 Introduced by: Senators Rhoden, Adelstein, Begalka, Bradford, Buhl, Ewing,
Frerichs, Holien, Hunhoff (Jean), Jensen, Johnston, Jones, Kirkeby, Krebs, Lederman, Lucas,
Maher, Monroe, Omdahl, Otten (Ernie), Rampelberg, Rave, Soholt, Sutton, Tidemann, Tieszen,
Van Gerpen, Vehle, Welke, and White and Representatives Wink, Bartling, Bolin, Cammack,
Campbell, Carson, Conzet, Dryden, Duvall, Ecklund, Erickson, Feickert, Gibson, Hansen,
Hawks, Hawley, Heinemann (Leslie), Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns,
Killer, Kirschman, Kopp, Magstadt, May, Mickelson, Munsterman, Olson (Betty), Parsley,
Peterson, Qualm, Rasmussen, Ring, Romkema, Rozum, Schaefer, Schoenfish, Schrempp, Sly,
Soli, Stalzer, Stevens, Tulson, Tyler, Verchio, Werner, Westra, and Wismer
FOR AN ACT ENTITLED, An Act to increase state aid to education and revise certain
provisions related to education funding.
Was read the first time and referred to the Committee on Appropriations.
SB 192 Introduced by: Senator Krebs and Representative Nostrum (David)
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 193 Introduced by: Senators Kirkeby, Adelstein, Frerichs, Lederman, Lucas, Maher,
Rampelberg, and Soholt and Representatives Dryden, Bartling, Feickert, Feinstein, Gibson,
Hawks, Hickey, Hoffman, Hunhoff (Bernie), Kirschman, Munsterman, Peterson, Rozum, and
Sly
FOR AN ACT ENTITLED, An Act to revise the per student allocation in the state aid to
general education formula.
Was read the first time and referred to the Committee on Appropriations.
SB 194 Introduced by: Senators Van Gerpen, Bradford, Maher, and Olson (Russell) and
Representatives Bolin, Bartling, Greenfield, Haggar (Don), Miller, Nelson, Otten (Herman),
Schoenfish, and Tyler
FOR AN ACT ENTITLED, An Act to extend the sunset date for certain expenditures from
a school district's capital outlay fund.
Was read the first time and referred to the Committee on Education.
SB 195 Introduced by: Senators Rhoden, Begalka, Brown, Frerichs, Holien, Kirkeby,
Krebs, Lederman, Lucas, Maher, Monroe, Olson (Russell), Rampelberg, Tidemann, and Vehle
and Representatives Solum, Bartling, Bolin, Cronin, Duvall, Feickert, Gibson, Gosch,
Greenfield, Hawks, Hawley, Heinemann (Leslie), Heinert, Hunhoff (Bernie), Killer, Lust,
Magstadt, Otten (Herman), Parsley, Peterson, Rounds, Schoenfish, Soli, Tyler, Werner, and
Wismer
FOR AN ACT ENTITLED, An Act to establish certain incentives for wind energy
facilities, to revise the amount that may be rebated for the gross receipts tax on electricity
produced on wind farms, and to declare an emergency.
Was read the first time and referred to the Committee on Commerce and Energy.
SB 196 Introduced by: Senators Lucas, Adelstein, Frerichs, Jones, Kirkeby, Sutton, and
Welke and Representatives Bartling, Hawks, Hawley, Hunhoff (Bernie), Parsley, Ring, Sly,
Tulson, Tyler, and Wismer
FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to general
education and state aid to special education formulas.
SB 197 Introduced by: Senators Tidemann, Buhl, Heineman (Phyllis), Holien, Kirkeby,
Krebs, Lucas, Peters, Rave, and Soholt and Representatives Dryden, Bolin, Craig, Gosch, Hajek,
Hawley, Heinert, Lust, Sly, Steele, Stevens, Westra, Wick, and Wink
FOR AN ACT ENTITLED, An Act to revise the calculation of the small school adjustment
in the state aid to education formula.
Was read the first time and referred to the Committee on State Affairs.
SB 198 Introduced by: Senator Brown and Representative Cronin
FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial Qualifications
Commission.
Was read the first time and referred to the Committee on State Affairs.
SB 199 Introduced by: Senators Kirkeby, Begalka, Bradford, Buhl, Frerichs, Jensen, Jones,
Lederman, Lucas, Monroe, Otten (Ernie), Rampelberg, Rhoden, Soholt, Sutton, Van Gerpen,
and Welke and Representatives Kirschman, Bartling, Cammack, Campbell, Ecklund, Feickert,
Feinstein, Gibson, Greenfield, Hansen, Hawks, Hawley, Heinert, Hickey, Hunhoff (Bernie),
Killer, Kopp, Nelson, Otten (Herman), Parsley, Peterson, Ring, Russell, Schrempp, Tyler, and
Verchio
FOR AN ACT ENTITLED, An Act to exempt all property used for educational purposes
from taxation.
Was read the first time and referred to the Committee on Taxation.
SB 200 Introduced by: Senators Kirkeby, Holien, Krebs, Lucas, Maher, Monroe,
Rampelberg, Rave, Rhoden, Soholt, Tidemann, Tieszen, and White and Representatives
Hoffman, Carson, Conzet, Cronin, Dryden, Feickert, Gibson, Gosch, Hunhoff (Bernie),
Munsterman, Olson (Betty), Peterson, Romkema, Rounds, Rozum, Sly, Solum, Verchio, and
Wink
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign
finance.
Was read the first time and referred to the Committee on State Affairs.
SB 201 Introduced by: Senators Jensen, Begalka, Lederman, and Monroe and Representatives Craig, Campbell, Miller, Nelson, Russell, Schaefer, and Steele
Was read the first time and referred to the Committee on Local Government.
SB 202 Introduced by: Senators Johnston, Bradford, Heineman (Phyllis), Maher, and
Welke and Representatives Hawks, Hansen, Hunhoff (Bernie), and Munsterman
FOR AN ACT ENTITLED, An Act to provide for the creation of a pilot program for public
charter schools.
Was read the first time and referred to the Committee on Education.
HB 1004: FOR AN ACT ENTITLED, An Act to provide for the award of treble damages
in certain surface depredation cases.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
procedure for setting petroleum examination and testing specifications and methods.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1074: FOR AN ACT ENTITLED, An Act to define the insurer's responsibilities
concerning health insurance policies for newborns or newly adopted children.
Was read the first time and referred to the Committee on Judiciary.
HB 1079: FOR AN ACT ENTITLED, An Act to increase the fee for certain property tax
deeds.
Was read the first time and referred to the Committee on Local Government.
HB 1110: FOR AN ACT ENTITLED, An Act to provide for openness in certain electronic
records databases and to open certain information regarding electronic record systems.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time, the President waived the referral to committee, and placed
HCR 1003 on the calendar of Monday, January 28, the 13th legislative day.
SB 75: FOR AN ACT ENTITLED, An Act to adopt updated guidelines for the evaluation
of permanent impairment in connection with workers' compensation claims.
Was read the second time.
The question being Shall SB 75 pass as amended?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 14: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
automated library system fund.
Was read the second time.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 110: FOR AN ACT ENTITLED, An Act to provide for the release of certain military
records of deceased veterans.
Was read the second time.
The question being Shall SB 110 pass?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 32: FOR AN ACT ENTITLED, An Act to revise the provisions under which the
Bureau of Administration may enter into contracts for insurance and reinsurance.
Was read the second time.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 57: FOR AN ACT ENTITLED, An Act to define a biodiesel producer and bulk plant
operator and revise certain statutory references and to make certain form and style changes
regarding motor fuel taxation.
Was read the second time.
The question being Shall SB 57 pass?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 89: FOR AN ACT ENTITLED, An Act to limit the liability of retail dealers in
petroleum products under certain conditions.
Was read the second time.
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
SB 83: FOR AN ACT ENTITLED, An Act to designate Welcome Home Vietnam Veterans
Day as a working holiday.
Was read the second time.
The question being Shall SB 83 pass as amended?
And the roll being called:
Yeas 31, Nays 0, Excused 4, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Nostrum (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Excused:
Begalka; Buhl; Hunhoff (Jean); 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.
Which motion prevailed.
The President publicly read the title to
SB 63: FOR AN ACT ENTITLED, An Act to revise certain requirements for certified
public accountant firms licensed in South Dakota.
HB 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2012.
HB 1009: FOR AN ACT ENTITLED, An Act to correct an error in the recreational vehicle
title statute.
And signed the same in the presence of the Senate.
Sen. Johnston moved that the Senate do now adjourn, which motion prevailed and at
1:38 p.m. the Senate adjourned.