The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of
Allegiance led by Senate page Robert Foiles.
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 fifteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
February 2, 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 5-12 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have reappointed D. J. Mertens, Lyman
County, Kennebec, South Dakota, to the South Dakota Building Authority.
This appointment is effective immediately, and shall continue until January 18, 2016.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 8, 9, 29, 30, and 239 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 180 and returns the same with the recommendation that said bill be referred to the
Committee on Local Government.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 91, 104, 123, and 124 which were tabled.
The Committee on Education respectfully reports that it has had under consideration
SB 159 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 80
and HB 1012 and 1064 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 Education respectfully reports that it has had under consideration the
nomination of Patrick L. Weber of Clay County, Vermillion, South Dakota, to the State Board
of Regents and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said reappointment and place on the consent calendar.
Respectfully submitted,
J. Mark Johnston, Chair
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1091 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 HB 1051 and 1054 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 Commerce and Energy respectfully reports that it has had under
consideration SB 119 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Judiciary respectfully reports that it has had under consideration SB 174
and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 147
and returns the same with the recommendation that said bill be amended as follows:
I have the honor to return herewith SB 26 and 37 which have passed the House without
change.
I have the honor to transmit herewith HB 1048, 1052, 1059, 1062, 1081, 1085, 1099, 1107,
1140, 1150, 1163, 1170, and 1180 which have passed the House and your favorable
consideration is respectfully requested.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-eighth
Legislature of the State of South Dakota to Miranda Cain, Corwin Coldman, Robert Foiles,
Fabio Galletta, Katie Haines, Calisandra Larson, Kay Marrs, Natasha Sund
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-eighth
Legislative Session; and
WHEREAS, the members of the Eighty-eighth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-eighth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen Holien moved that Senate Page Resolution 2 be adopted.
The question being on Sen. Holien's motion that Senate Page Resolution 2 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1048: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
related to the Department of Agriculture.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements for third party
administrators and pharmacy benefits managers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1059: FOR AN ACT ENTITLED, An Act to repeal and revise certain obsolete and
unnecessary statutes and rules relating to the Department of Environment and Natural
Resources.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1062: FOR AN ACT ENTITLED, An Act to repeal and reenact certain provisions
regarding forestry and fire suppression.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1081: FOR AN ACT ENTITLED, An Act to specify the duration of certain municipal
appointments.
Was read the first time and referred to the Committee on Local Government.
Was read the first time and referred to the Committee on Local Government.
HB 1099: FOR AN ACT ENTITLED, An Act to authorize municipalities to pay for certain
services in advance.
Was read the first time and referred to the Committee on Local Government.
HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
drainage utility fees in municipalities.
Was read the first time and referred to the Committee on Local Government.
HB 1140: FOR AN ACT ENTITLED, An Act to revise the schedule for payment of excise
taxes for farm wineries.
Was read the first time and referred to the Committee on Taxation.
HB 1150: FOR AN ACT ENTITLED, An Act to amend provisions relating to violations
of no contact orders.
Was read the first time and referred to the Committee on Judiciary.
HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
filing of the certificate of limited partnerships.
Was read the first time and referred to the Committee on Judiciary.
HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions for a secondary
election if the candidates for the United States Senate, United States House of Representatives,
or Governor do not receive a sufficient percentage of the votes cast during a primary election.
Was read the first time and referred to the Committee on State Affairs.
HB 1180: FOR AN ACT ENTITLED, An Act to allow veterans to receive credit for certain
military training and experience.
Was read the first time and referred to the Committee on State Affairs.
SB 126: FOR AN ACT ENTITLED, An Act to revise the provisions that authorize
townships to combine the offices of the clerk and the treasurer.
Was read the second time.
The question being Shall SB 126 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
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 118: FOR AN ACT ENTITLED, An Act to provide for the issuance of a resident
medical license and to repeal certain resident training permits issued by the Board of Medical
and Osteopathic Examiners.
Was read the second time.
The question being Shall SB 118 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
SB 204: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
deposit and expenditure of tobacco settlement revenues and bond proceeds.
Was read the second time.
The question being Shall SB 204 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
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 120: FOR AN ACT ENTITLED, An Act to revise provisions related to consent to
sexual activity.
Was read the second time.
The question being Shall SB 120 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
HB 1026: FOR AN ACT ENTITLED, An Act to comply with certain Internal Revenue
Code requirements relating to maximum annual benefits paid to members of the South Dakota
Retirement System and to provide for the update of references to the Internal Revenue Code.
Was read the second time.
The question being Shall HB 1026 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
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 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the special pay retirement program of the South Dakota Retirement System.
Was read the second time.
The question being Shall HB 1027 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; 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.
HB 1042: FOR AN ACT ENTITLED, An Act to authorize manufactured home dealers to
submit license fees directly to the Department of Revenue and to provide an electronic renewal
notice to certain dealers.
Was read the second time.
The question being Shall HB 1042 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Bradford; Novstrup (Al)
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 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 second time.
The question being Shall HB 1043 pass?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Bradford; Novstrup (Al)
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 96: FOR AN ACT ENTITLED, An Act to exempt certain school districts from the
requirement to reorganize due to low enrollment.
Was read the second time.
The question being Shall SB 96 pass as amended?
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Begalka; Brown; Buhl; Ewing; Frerichs; Holien; Jensen; Johnston; Kirkeby; Krebs; Lederman;
Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg;
Rave; Soholt; Sutton; Vehle; Welke; White
Nays:
Adelstein; Heineman (Phyllis); Hunhoff (Jean); Jones; Peters; Rhoden; Tidemann; Tieszen; Van
Gerpen
Excused:
Bradford
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. Olson moved that SB 139, 161, 145, 117, 146, 223, and 168 and HB 1024, 1025,
1019, and 1020 be deferred to Monday, February 4, the 17th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 26: FOR AN ACT ENTITLED, An Act to update terminology for individuals with
intellectual disabilities and similar terms.
SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
insurance fraud prevention unit.
HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child
support.
HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole
date calculation.
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.
HB 1053: FOR AN ACT ENTITLED, An Act to revise the lending limit for state chartered
banks.
HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete
provisions regarding the Bureau of Information and Telecommunications.
And signed the same in the presence of the Senate.
Sen. Lederman moved that the Senate do now adjourn, which motion prevailed and at
1:46 p.m. the Senate adjourned.