The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of
Allegiance led by Senate page Logan Welker.
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 eighteenth 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 38, 58, and 70 were
delivered to his Excellency, the Governor, for his approval at 8:25 a.m., February 6, 2013.
The Committee on Local Government respectfully reports that it has had under
consideration SB 169 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 129 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 151 and returns the same with the recommendation that said bill be amended as follows:
"Section 8. Nothing in chapters 31-13 and 31-18 precludes any rural electric,
telecommunications company, or entity created by chapter 34A-5, 46A-3A, or 46A-9 or any
nonprofit engaged in the treatment, distribution, and sale of water to rural consumers from
constructing, maintaining, or operating any facility along, upon, or under publicly owned land
including any road, highway, right-of-way, street, alley, bridge, or causeway."
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 212 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 215 and HB 1011 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 HB 1047 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 Health and Human Services respectfully reports that it has had under
consideration SB 160 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 1 and SB 166 and 207 and returns the same with the recommendation that said bills and
resolution do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 198 and returns the same with the recommendation that said bill be amended as follows:
"
(2) Three members of the bar practicing law in this state, no more than two of whom may
be of the same political party, appointed by the president a majority vote of the state
bar commissioners; and
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of D. J. Mertens of Lyman County, Kennebec, South Dakota, to the South Dakota
Building Authority and returns the same with the recommendation that the Senate advise and
consent to the confirmation of said reappointment and place on consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Craig D. Johnson of Pennington County, Rapid City, South Dakota, to the
position of Assistant Adjutant General, Army, and returns the same with the recommendation
that the Senate advise and consent to the confirmation of said appointment and place on consent
calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR 3 and 4 which were deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1101, 1124, 1126, 1153, 1164, 1174, and 1208
which have passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved that SB 224 be placed to follow SB 152 on today's calendar.
Which motion prevailed.
Sen. Olson moved that SB 125 and 185 be deferred to Thursday, February 7, the 20th
legislative day.
Which motion prevailed.
Sen. Olson moved that SB 159 be deferred to Tuesday, February 12, the 22nd legislative
day.
Which motion prevailed.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 233 as found on page 321 of the Senate Journal; also
Agriculture and Natural Resources on SB 205 as found on page 322 of the Senate Journal;
also
Judiciary on SB 218 as found on page 323 of the Senate Journal be adopted.
Which motion prevailed.
HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to public
employee grievance procedures.
Was read the first time and referred to the Committee on Local Government.
HB 1124: FOR AN ACT ENTITLED, An Act to provide for the appointment of members
of the South Dakota Pulse Crops Council.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1126: FOR AN ACT ENTITLED, An Act to revise the massage therapy licensing
requirements.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1153: FOR AN ACT ENTITLED, An Act to exempt certain environmental upgrade
values from assessment during construction and to provide a sunset clause for the environmental
upgrade exemption.
HB 1164: FOR AN ACT ENTITLED, An Act to establish a classroom innovation grant
program and to make an appropriation therefor.
Was read the first time and referred to the Committee on Education.
HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to
snowmobile operation.
Was read the first time and referred to the Committee on Transportation.
HB 1208: FOR AN ACT ENTITLED, An Act to prohibit the unlawful release of medical
waste and to provide a penalty therfor.
Was read the first time and referred to the Committee on Health and Human Services.
SB 121: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
Commission on Intergovernmental Cooperation.
Was read the second time.
The question being "Shall SB 121 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 227: FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession
of firearms on snowmobiles.
Was read the second time.
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 105: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
instruction permits and restricted minor's permits to drive a motor vehicle.
Was read the second time.
The question being "Shall SB 105 pass?"
And the roll being called:
Yeas 21, Nays 14, Excused 0, Absent 0
Yeas:
Adelstein; Buhl; Ewing; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs;
Lederman; Lucas; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Soholt; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Begalka; Bradford; Brown; Frerichs; Holien; Jensen; Maher; Monroe; Olson (Russell); Peters;
Rave; Rhoden; Sutton; 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 106: FOR AN ACT ENTITLED, An Act to prohibit certain minors from using wireless
communication devices while operating motor vehicles upon the public highways.
Was read the second time.
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson (Russell); Otten
(Ernie); Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Nays:
Bradford; Brown; Holien; Jensen; Maher; Omdahl; Peters; Rhoden; 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 107: FOR AN ACT ENTITLED, An Act to limit the number of passengers allowed in
a motor vehicle operated by a holder of a restricted minor's permit.
Was read the second time.
The question being "Shall SB 107 pass?"
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Buhl; Ewing; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones;
Kirkeby; Krebs; Lederman; Omdahl; Otten (Ernie); Soholt; Tidemann; Tieszen; Vehle; White
Nays:
Bradford; Brown; Frerichs; Holien; Jensen; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Peters; Rampelberg; Rave; Rhoden; Sutton; Van Gerpen; Welke
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 216: FOR AN ACT ENTITLED, An Act to establish a state-wide driver education
program.
Was read the second time.
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen;
Vehle; Welke; White
Nays:
Holien; Hunhoff (Jean); Jensen; Maher; 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 133: FOR AN ACT ENTITLED, An Act to establish a pharmacy audit integrity
program.
Was read the second time.
The question being "Shall SB 133 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff
(Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell);
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Jensen; Novstrup (Al); Omdahl
Excused:
Holien
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.
Was read the second time.
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall SB 209 pass as amended?"
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Adelstein; Buhl; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Krebs; Lederman;
Peters; Soholt; Tidemann; Tieszen; Vehle
Nays:
Begalka; Bradford; Brown; Ewing; Frerichs; Jensen; Kirkeby; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Sutton; Van Gerpen;
Welke; White
Excused:
Holien
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 74: FOR AN ACT ENTITLED, An Act to require the forfeiture of preference points
for certain hunting licenses upon conviction of unlawfully killing, destroying, taking, or
possessing trophy animals.
Was read the second time.
The question being "Shall SB 74 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Holien
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 152: FOR AN ACT ENTITLED, An Act to authorize the hunting of coyotes using
artificial light under certain conditions.
Was read the second time.
The question being "Shall SB 152 pass?"
And the roll being called:
Yeas 13, Nays 22, Excused 0, Absent 0
Yeas:
Buhl; Frerichs; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Rampelberg; Rave;
Rhoden; Sutton; Welke
Nays:
Adelstein; Begalka; Bradford; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Soholt;
Tidemann; Tieszen; Van Gerpen; Vehle; White
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
SB 224: FOR AN ACT ENTITLED, An Act to revise and repeal certain aviation statutes
and to increase certain related fees.
Was read the second time.
"Weight in Pounds | Rate |
0 _ 1,500 | $ 25 |
1,501 _ 2,000 | 40 |
2,001 _ 3,000 | 55 |
3,001 _ 4,000 | 70 |
4,001 _ 5,000 | 85 |
5,001 _ 6,000 | 100 |
6,001 _ 10,000 | 125 |
10,001 _ 12,499 | 150 |
12,500 _ 15,000 | 200 |
15,001 and over | 300". |
Sen. Adelstein moved that SB 224 be deferred to Thursday, February 7, the 20th legislative
day.
Which motion prevailed.
Sen. Olson moved that SB 132, 153, SJR 2, HB 1019, 1020, and 1091 be deferred to
Thursday, February 7, the 20th legislative day.
Which motion prevailed.
The President publicly read the title to
HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
students eligible for resident tuition benefits at universities controlled by the Board of Regents.
HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
director's orders to hazardous insurers.
HB 1054: FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority for
the director of insurance.
HB 1064: FOR AN ACT ENTITLED, An Act to provide for certain methods of
disbursement for school district flexible spending accounts.
And signed the same in the presence of the Senate.
Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
4:20 p.m. the Senate adjourned.