The prayer was offered by the Chaplain, Father David Hussey, followed by the Pledge of
Allegiance led by Senate page Raegan Arnoldy.
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 seventeenth 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 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 James E. Putnam,
Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.
This appointment is effective January 8, 2013, and shall continue until January 1, 2014.
The Committee on Legislative Procedure respectfully reports that SB 26 and 37 were
delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 5, 2013.
The Committee on Education respectfully reports that it has had under consideration
SB 233 and returns the same with the recommendation that said bill be amended as follows:
"Section 9. There is hereby appropriated from the general fund the sum of five million
dollars ($5,000,000), or so much thereof as may be necessary, to the education enhancement
trust fund created pursuant to S.D. Const., Art. XII, § 6 to allow the funds to be invested to fund
the critical teaching needs scholarship program created in this Act.
Section 10. The state treasurer shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Section 11. That § 4-5-29.2 be amended to read as follows:
4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine
the market value of the education enhancement trust fund as of December 31, 2003, and each
calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state
investment officer shall calculate an amount equal to four percent of that market value, without
invading principal, as eligible for distribution. For the purpose of this section, the term,
principal, means the sum of all contributions to the fund. Beginning with the distribution in
fiscal year 2008, the market value shall be determined by adding the market value of the trust
fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and
dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state
treasurer shall transfer the amount from the education enhancement trust fund to the state
general fund as soon as practicable after July first of the next fiscal year.
The Committee on Education respectfully reports that it has had under consideration SB 79
which was tabled.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 213 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 100 and 134 which were deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 74 and 152 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 227 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 Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 205 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 155 and returns the same with the recommendation that said bill be
referred to the Committee on Appropriations.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 95 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration SB 132
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 218
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 177
which was deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1013, 1015, 1016, 1102, 1103, 1120, 1122, 1123,
1141, 1152, 1157, and 1169 which have passed the House and your favorable consideration is
respectfully requested.
Yesterday, Sen. Rhoden announced his intention to reconsider the vote by which SB 161
lost.
Sen. Rhoden moved that the Senate do now reconsider the vote by which SB 161 lost.
And the roll being called:
Yeas 16, Nays 19, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Jensen; Kirkeby; Krebs; Lederman; Maher;
Rampelberg; Rave; Rhoden; Sutton; Tieszen; Vehle
Nays:
Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Jones; Lucas; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Soholt; Tidemann; Van Gerpen;
Welke; White
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Olson moved that SB 159 be deferred to Wednesday, February 6, the 19th legislative
day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Taxation on SB 121 as found on page 303 of the Senate Journal; also
Transportation on SB 216 as found on page 303 of the Senate Journal; also
Health and Human Services on SB 133 as found on page 304 of the Senate Journal; also
Health and Human Services on SB 209 as found on page 305 of the Senate Journal; also
State Affairs on SB 125 as found on page 316 of the Senate Journal; also
Taxation on SJR 2 as found on page 302 of the Senate Journal; also
State Affairs on SB 153 as found on page 317 of the Senate Journal be adopted.
Which motion prevailed.
The question being on Sen. Frerichs' motion that the words "without recommendation" be
stricken from the report of the Committee on State Affairs on SB 153, that the words do pass
be inserted, and that the bill be placed on the calendar of Wednesday, February 6 the 19th
legislative day.
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hunhoff (Jean); Jensen; Jones; Kirkeby; Krebs;
Lederman; Lucas; Maher; Monroe; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Brown; Ewing; Heineman (Phyllis); Holien; Johnston; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rave
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, and SB 153 was so placed.
HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
construct multi-use storage facilities at South Dakota State University and to make an
appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of an addition, remodeling, and renovation of Medary Commons
on the campus of South Dakota State University and to make an appropriation therefor.
Was read the first time and referred to the Committee on Appropriations.
HB 1016: FOR AN ACT ENTITLED, An Act to revise the location of the cow-calf
research and education unit authorized in chapter 107 of the 2012 Session Laws.
Was read the first time and referred to the Committee on Appropriations.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1103: FOR AN ACT ENTITLED, An Act to exempt credit health insurers from certain
provisions related to preexisting conditions.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1120: FOR AN ACT ENTITLED, An Act to allow regional intergovernmental
cooperation for sewer utilities and to provide for the establishment of rates and charges.
Was read the first time and referred to the Committee on Local Government.
HB 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to
health insurance plans for county officers and employees.
Was read the first time and referred to the Committee on Local Government.
HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting
licenses.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1141: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain
motor vehicle dealer license plates and permits.
Was read the first time and referred to the Committee on Transportation.
HB 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
administrative office and to the appointment and direction of the executive director of the South
Dakota Wheat Utilization, Research and Market Development Commission.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1157: FOR AN ACT ENTITLED, An Act to increase certain penalties regarding the
sale of petroleum products.
HB 1169: FOR AN ACT ENTITLED, An Act to amend the provisions regarding the
reimbursement of a physical exam of a victim after a rape.
Was read the first time and referred to the Committee on Health and Human Services.
The Senate proceeded to the consideration of the executive appointment of James C. Spies
of Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.
The question being Does the Senate advise and consent to the executive appointment of
James C. Spies pursuant to the executive message as found on page 214 of the Senate Journal?
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Maher
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive appointment of Gary D. Jensen
of Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.
The question being Does the Senate advise and consent to the executive appointment of
Gary D. Jensen pursuant to the executive message as found on page 214 of the Senate Journal?
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Nays:
Maher
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
SB 239: FOR AN ACT ENTITLED, An Act to repeal the state's membership in the
multistate tax commission.
Was read the second time.
The question being Shall SB 239 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 174: FOR AN ACT ENTITLED, An Act to provide that an out-of-country foreign
judgment need not be recognized if the cause of action resulted in a defamation judgment
obtained in a jurisdiction outside the United States, unless a court in this state first determines
that the defamation law applied in the foreign court's adjudication provided at least as much
protection for freedom of speech and press as would be provided in this state by enacting the
free speech defense Act.
Was read the second time.
The question being Shall SB 174 pass as amended?
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Nays:
Buhl
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 119: FOR AN ACT ENTITLED, An Act to ensure freedom of media coverage of high
school activities.
Was read the second time.
The question being Shall SB 119 pass as amended?
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Krebs; Lederman; Lucas; Maher; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Sutton; Tidemann; 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.
SB 147: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to
domestic abuse and protection orders.
Was read the second time.
The question being Shall SB 147 pass as amended?
And the roll being called:
Yeas 33, Nays 2, 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; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Otten (Ernie); 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.
SB 115: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer
inspection fee for purposes of fertilizer-related research and to create the Nutrient Research
Education Council to promote such research.
Was read the second time.
The question being Shall SB 115 pass?
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
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.
Sen. Olson moved that SB 224, 105, 106, 107, and 185 be deferred to Wednesday,
February 6, the 19th legislative day.
Which motion prevailed.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance.
Was read the second time.
The question being Shall SB 200 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.
HB 1024: FOR AN ACT ENTITLED, An Act to provide for the addition of certain
employees of the municipality of Sioux Falls to the South Dakota Retirement System.
Was read the second time.
The question being Shall HB 1024 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.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain actuarial and reporting
requirements relating to the South Dakota Retirement System.
Was read the second time.
The question being Shall HB 1025 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.
Sen. Olson moved that the balance of the calendar including HB 1019, 1020, and 1091 be
deferred to Wednesday, February 6, the 19th legislative day.
Which motion prevailed.
The President publicly read the title to
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.
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.
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.
And signed the same in the presence of the Senate.
SC 4 Introduced by: Senators Maher, Adelstein, Jensen, Rampelberg, Rave, and Rhoden
and Representatives Schrempp, Conzet, Olson (Betty), and Verchio
Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at
4:02 p.m. the Senate adjourned.