The prayer was offered by the Chaplain, Reverend Susan Carr, followed by the Pledge of
Allegiance led by Senate page Nolan 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 nineteenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 6, 2013, I approved Senate Bill 70 and the
same has been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 48 and 49 and finds the same correctly enrolled.
The Committee on Education respectfully reports that it has had under consideration
SB 138 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 137 and 202 which were tabled.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 187 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1071, 1072, and 1073 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1070 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 Judiciary respectfully reports that it has had under consideration
HB 1074 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 10, 11, 31, and 189 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 190 and returns the same with the recommendation that said bill be amended as follows:
"Section 4. That § 10-18A-5 be amended to read as follows:
10-18A-5. The amount of refund of real property taxes due or paid for a single-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but less than | or paid shall be |
$ 0 |
$ |
35% |
|
|
34% |
|
|
33% |
|
|
32% |
|
|
31% |
|
|
30% |
|
|
29% |
|
|
28% |
|
|
27% |
|
|
26% |
|
|
25% |
|
|
24% |
|
|
23% |
|
|
22% |
|
|
21% |
|
|
20% |
|
|
19% |
|
|
18% |
|
|
17% |
|
|
16% |
|
|
15%
|
|
|
14% |
|
|
13% |
|
|
12% |
|
|
11% |
over |
No refund |
10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but not more than | or paid shall be |
$ 0 |
$ |
55% |
|
|
53% |
|
|
51% |
|
|
49% |
|
|
47% |
|
|
45% |
|
|
43% |
|
|
41% |
|
|
39% |
|
|
37% |
|
|
35% |
|
|
33% |
|
|
31% |
|
|
29% |
|
|
27% |
|
|
25% |
|
|
23% |
|
|
21% |
|
|
19% |
over |
No refund |
10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting solely of one person shall be determined as follows:
10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting of more than one person shall be determined as follows:
I have the honor to transmit herewith HB 1029, 1168, and 1239 which have passed the
House and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1004 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 48 and 49 which have passed the House without
change.
HCR 1004: A CONCURRENT RESOLUTION, Expressing support for the 2013 South
Dakota coordinated plan for natural resources conservation.
Was read the first time, the President waived the referral to committee, and placed
HCR 1004 on the calendar of Monday, February 11, the 21st legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Transportation on SB 151 as found on page 338 of the Senate Journal; also
State Affairs on SB 198 as found on page 340 of the Senate Journal be adopted.
Which motion prevailed.
HB 1029: FOR AN ACT ENTITLED, An Act to exempt persons hunting mountain lions
from the requirement to wear fluorescent orange exterior garments.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1168: FOR AN ACT ENTITLED, An Act to increase certain levies relating to predator
control districts.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1239: FOR AN ACT ENTITLED, An Act to authorize school districts to use certain
tax levies for pension and health insurance purposes.
Was read the first time and referred to the Committee on Taxation.
The Senate proceeded to the consideration of the executive appointment of D. J. Mertens
of Lyman County, Kennebec, South Dakota, to the South Dakota Building Authority.
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 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 Craig D.
Johnson of Pennington County, Rapid City, South Dakota, as the Assistant Adjutant General,
Army.
The question being "Does the Senate advise and consent to the executive appointment of
Craig D. Johnson pursuant to the executive message as found on page 300 of the Senate
Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
examination for an application for a funeral service license.
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 125: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical
custody of children under certain circumstances.
Was read the second time.
The question being "Shall SB 125 pass as amended?"
And the roll being called:
Yeas 13, Nays 21, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Frerichs; Heineman (Phyllis); Jensen; Krebs; Lederman; Maher; Monroe;
Olson (Russell); Otten (Ernie); Rampelberg; Van Gerpen
Nays:
Adelstein; Brown; Buhl; Ewing; Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Lucas;
Novstrup (Al); Omdahl; Peters; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke;
White
Excused:
Rave
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
The President introduced Congresswoman Kristi Noem who addressed the body.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 111 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 the nomination of Brent Dykstra, Stanley County, Fort Pierre, South Dakota, to
the South Dakota Lottery Commission and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment and place on the consent
calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Roger Novotny, Stanley County, Fort Pierre, South Dakota, to
the South Dakota Lottery Commission and returns the same with the recommendation that the
Senate advise and consent to the confirmation of said appointment and place on the consent
calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Charles M. Turbiville, Lawrence County, Deadwood, South
Dakota, to the South Dakota Lottery Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment and
place on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration the nomination of Tom Graham, Minnehaha County, Sioux Falls, 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 the consent
calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 73, 226, and 242 which were tabled.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 101, 148, 149, 150, and 210 which were deferred to the 41st Legislative
Day.
Sen. Olson moved that the balance of the calendar including SB 224, 185, 132, 153, SJR
2, SB 205, 169, 215, SJR 1, SB 166, 207, 157, HB 1019, 1020, 1091, and 1011 be deferred to
Monday, February 11, the 21st legislative day.
Which motion prevailed.
The President publicly read the title to
SB 48: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission
to establish rules governing the allowance, placement, and maintenance of newspaper vending
machines at interstate rest areas.
SB 49: FOR AN ACT ENTITLED, An Act to establish the fee charged by registers of
deeds for documents filed by the Department of Transportation disposing of highway right-of-way that is no longer needed for highway purposes.
HB 1025: FOR AN ACT ENTITLED, An Act to revise certain actuarial and reporting
requirements relating to the South Dakota Retirement System.
And signed the same in the presence of the Senate.
SC 8 Introduced by: Senators Lucas, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing,
Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Johnston, Jones, Kirkeby, Krebs,
Lederman, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Peters,
Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, Vehle, Welke,
and White and Representatives Schaefer, Bartling, Bolin, Cammack, Campbell, Conzet, Craig,
Cronin, Dryden, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Greenfield, Haggar
(Don), Haggar (Jenna), Hajek, Hansen, Hawks, Hawley, Heinert, Hickey, Hoffman, Hunhoff
(Bernie), Johns, Kaiser, Killer, Kirschman, Kopp, Latterell, Lust, Magstadt, May, Mickelson,
Miller, Munsterman, Nelson, Novstrup (David), Olson (Betty), Otten (Herman), Parsley,
Peterson, Qualm, Rasmussen, Ring, Romkema, Rounds, Russell, Schoenfish, Schrempp, Sly,
Soli, Solum, Stalzer, Steele, Stevens, Tulson, Tyler, Verchio, Werner, Westra, Wick, Wink, and
Wismer
Sen. Novstrup moved that the Senate do now adjourn, which motion prevailed and at
2:50 p.m. the Senate adjourned.