The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of
Allegiance led by Senate page Katie Haines.
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 fourteenth 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 Legislative Procedure respectfully reports that SB 46 and 54 were
delivered to his Excellency, the Governor, for his approval at 9:15 a.m., January 30, 2013.
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1024 and 1025 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1026 and 1027 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1042 and 1043 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 170 which was tabled.
The Committee on Taxation respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration SB 99
and 144 which were deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 126 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 Local Government respectfully reports that it has had under
consideration SB 93 and 128 which were tabled.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 109 and 167 which were deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 117, 146, and 223 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
SB 118 and 204 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 210 and returns the same with the recommendation that said bill be referred to the
Committee on Agriculture and Natural Resources.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 168 and HB 1019 and 1020 and returns the same with the recommendation
that said bills do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 120 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
I have the honor to transmit herewith HB 1030, 1035, 1073, 1087, 1096, 1098, 1106, and
1130 which have passed the House and your favorable consideration is respectfully requested.
Sen. Brown moved that SB 44 be referred from the Committee on State Affairs to the
Committee on Transportation.
Which motion prevailed.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 96 as found on page 258 of the Senate Journal; also
Commerce and Energy on SB 139 as found on page 259 of the Senate Journal; also
Agriculture and Natural Resources on SB 161 as found on page 260 of the Senate Journal
be adopted.
Which motion prevailed.
HB 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority to finance the construction of improvements in the state park system for the
Department of Game, Fish and Parks and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1035: FOR AN ACT ENTITLED, An Act to allow electronic submission and record
keeping of placed in service reports.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1073: FOR AN ACT ENTITLED, An Act to establish a procedure for the
determination of the competency of a juvenile to proceed in a juvenile court matter.
Was read the first time and referred to the Committee on Judiciary.
HB 1087: FOR AN ACT ENTITLED, An Act to provide for the creation of school sentinel
programs and for the training of school sentinels.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Judiciary.
HB 1098: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four
technical institutes.
Was read the first time and referred to the Committee on State Affairs.
HB 1106: FOR AN ACT ENTITLED, An Act to revise certain Limited Liability Company
statutes.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1130: FOR AN ACT ENTITLED, An Act to revise the amount of personal property
exempt from levy in bankruptcy cases.
Was read the first time and referred to the Committee on Judiciary.
HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
money, clothing, and transportation furnished inmates released from the Department of
Corrections.
Was read the second time.
The question being Shall HB 1032 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
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.
The President introduced the 2011-2012 Outstanding School Administrators of South
Dakota: Rocky Brinkman, secondary principal, Andes Central; Jeff Rieckman, middle school
principal, Haakon; Chrissy Peterson, special ed director, Meade; Tanya Rasmussen, curriculum
director, Harrisburg; Marcia Jackson, business manager, Hot Springs; Tim Kosters, elementary
principal, Lead-Deadwood; Bob Sittig, superintendent, Baltic; and Melinda Jensen, assistant
secondary principal, Brookings, to the body.
SB 156: FOR AN ACT ENTITLED, An Act to authorize township boards to increase the
front foot assessment for road maintenance, repairs, and improvements and to revise certain
provisions concerning road districts established by townships.
Was read the second time.
The question being Shall SB 156 pass as amended?
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Lucas; Otten (Ernie); 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 157: FOR AN ACT ENTITLED, An Act to revise the distribution from the wind energy
tax fund.
Was read the second time.
Sen. Brown requested a fiscal note on SB 157.
Which request was supported.
Was read the second time.
36-26-18. An applicant shall be exempted from the requirement for any examination
provided in this chapter if:
The question being Shall SB 181 pass as amended?
And the roll being called:
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 158: FOR AN ACT ENTITLED, An Act to provide for the funding of educational
programs for children in residential treatment centers, intensive residential treatment centers,
or licensed group care centers.
Was read the second time.
The question being Shall SB 158 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
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 1: FOR AN ACT ENTITLED, An Act to revise the provisions regarding plugging and
performance bonds for oil and gas wells and to repeal the supplemental restoration bond
requirement.
Was read the second time.
The question being Shall SB 1 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 6: FOR AN ACT ENTITLED, An Act to determine whether factors affecting
productivity should be applied if the actual use of agricultural land does not correspond to the
soil classification standards.
Was read the second time.
The question being Shall SB 6 pass?
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Buhl; Ewing; Frerichs; Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs;
Lederman; Lucas; Maher; Monroe; Otten (Ernie); Rampelberg; Rave; Rhoden; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Adelstein; Brown; Heineman (Phyllis); Holien; Johnston; Novstrup (Al); Olson (Russell);
Omdahl; Peters; Soholt; Van Gerpen
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 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
unemployment insurance employer charges and claimant misrepresentation regarding benefit
overpayments and to correct references to certain provisions pertaining to unemployment
insurance.
Was read the second time.
The question being Shall HB 1055 pass?
And the roll being called:
Yeas:
Adelstein; Begalka; Brown; Buhl; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Olson (Russell);
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Bradford; Ewing; Maher; Monroe; Omdahl
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.
The President publicly read the title to
HB 1066: FOR AN ACT ENTITLED, An Act to continue the current rate of the gross
receipts tax imposed on visitor-related businesses.
And signed the same in the presence of the Senate.
Sen. Krebs moved that the Senate do now adjourn, which motion prevailed and at
3:04 p.m. the Senate adjourned.