The prayer was offered by the Chaplain, Reverend Karl Kroger, followed by the Pledge of
Allegiance led by Senate page Savanna Anderson.
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 twentieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Page: Chance Freese
Which was subscribed to and placed on file in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 8, 2013, I approved Senate Bills 37, 38,
and 58, and the same have been deposited in the office of the Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 12, 2013, I approved Senate Bill 26, and
the same has been deposited in the office of the Secretary of State.
The Committee on Judiciary respectfully reports that it has had under consideration SB 173
and 222 which were tabled.
The Committee on Judiciary respectfully reports that it has had under consideration SB 221
which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration
SB 194 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 76
and returns the same with the recommendation that said bill be amended as follows:
The Board of Education shall select grant recipients from among the school districts and
education service agencies that apply. Applicants shall demonstrate how the innovation for
which the grant is sought will support and positively impact student achievement.
Section 2. The Board of Education shall promulgate rules pursuant to chapter 1-26 to
establish the innovation grant application process and timelines.
Section 3. There is hereby appropriated from the general fund the sum of one dollar ($1),
or so much thereof as may be necessary, to the Department of Education for the purpose of
awarding innovation grants pursuant to this Act to school districts and education service
agencies.
Section 4. The secretary of education shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB 230 which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1125 and 1127 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1097 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 Commerce and Energy respectfully reports that it has had under
consideration HB 1106 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 176 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 116, 171, and 184 which were deferred to the 41st Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 31 and returns the same with the recommendation that said bill be amended as follows
which corrects a previous report:
I have the honor to transmit herewith HB 1002, 1067, 1084, 1158, and 1167 which have
passed the House and your favorable consideration is respectfully requested.
Sen. Olson moved to amend the 2013 Session Calendar by moving Legislative Day 21 to
Tuesday, February 12, 2013; Legislative Day 22 to Wednesday, February 13, 2013; Legislative
Day 23 to Thursday, February 14, 2013; and Legislative Day 24 to Friday, February 15, 2013.
Which motion prevailed.
SCR 1 Introduced by: Senators Lucas, Ewing, Frerichs, Krebs, Otten (Ernie), Rampelberg,
Rhoden, Vehle, and Welke and Representatives Hoffman, Bartling, Cammack, Craig, Duvall,
Feickert, Gibson, Hawks, Kopp, May, Olson (Betty), Otten (Herman), Qualm, Schaefer,
Schoenfish, Schrempp, and Verchio
HCR 1004: A CONCURRENT RESOLUTION, Expressing support for the 2013 South
Dakota coordinated plan for natural resources conservation.
Was read the second time.
Sen. Krebs moved that the Senate do concur in HCR 1004 as found on page 302 of the
House Journal.
The question being on Sen. Krebs' motion that HCR 1004 be concurred in.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1004 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Appropriations on SB 190 as found on page 355 of the Senate Journal; also
Judiciary on HB 1074 as found on page 355 of the Senate Journal be adopted.
Which motion prevailed.
HB 1002: FOR AN ACT ENTITLED, An Act to provide for the creation of a trust account
for unlocatable mineral interest owners.
HB 1067: FOR AN ACT ENTITLED, An Act to designate POW/MIA Recognition Day
as a working holiday.
Was read the first time and referred to the Committee on State Affairs.
HB 1084: FOR AN ACT ENTITLED, An Act to designate Purple Heart Recognition Day
as a working holiday.
Was read the first time and referred to the Committee on State Affairs.
HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
posting of public notice for meetings of public bodies.
Was read the first time and referred to the Committee on Local Government.
HB 1167: FOR AN ACT ENTITLED, An Act to restructure the policy advisory committee
for animal damage control.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
The Senate proceeded to the consideration of the executive appointment of Brent Dykstra
of Stanley County, Ft. Pierre, South Dakota, to the South Dakota Lottery Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Brent Dykstra pursuant to the executive message as found on page 215 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
The Senate proceeded to the consideration of the executive appointment of Roger P.
Novotny of Stanley County, Ft. Pierre, South Dakota, to the South Dakota Lottery Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Roger P. Novotny pursuant to the executive message as found on page 216 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.
The Senate proceeded to the consideration of the executive appointment of Charles M.
Turbiville of Lawrence County, Deadwood, South Dakota, to the South Dakota Lottery
Commission.
The question being "Does the Senate advise and consent to the executive appointment of
Charles M. Turbiville pursuant to the executive message as found on page 215 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.
The question being "Does the Senate advise and consent to the executive reappointment
of Tom Graham pursuant to the executive message as found on page 217 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 reappointment confirmed.
SB 224: FOR AN ACT ENTITLED, An Act to revise and repeal certain aviation statutes
and to increase certain related fees.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 224 pass as amended?"
Yeas 14, Nays 21, Excused 0, Absent 0
Yeas:
Heineman (Phyllis); Hunhoff (Jean); Jones; Lederman; Monroe; Novstrup (Al); Olson (Russell);
Rave; Soholt; Sutton; Tieszen; Vehle; Welke; White
Nays:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Jensen; Johnston;
Kirkeby; Krebs; Lucas; Maher; Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Tidemann;
Van Gerpen
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 185: FOR AN ACT ENTITLED, An Act to clarify the authority of the interim rules
review committee.
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 132: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and
prosecution for certain alcohol consumption related offenses to persons who assist certain
persons in need of emergency assistance or who are themselves in need of emergency assistance.
Was read the second time.
The question being "Shall SB 132 pass?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Kirkeby; Lederman; Maher; Novstrup (Al); Olson (Russell);
Omdahl; Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
Welke; White
Nays:
Jones; Krebs; Lucas; Monroe; Otten (Ernie); Rhoden
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 153: FOR AN ACT ENTITLED, An Act to clarify, remove inconsistencies from, and
revise certain provisions relating to the formation and operation of watershed districts.
Was read the second time.
The question being "Shall SB 153 pass as amended?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Buhl; Ewing; Frerichs; Hunhoff (Jean); Jones; Krebs; Lucas; Maher; Otten
(Ernie); Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Vehle; Welke; White
Nays:
Adelstein; Brown; Heineman (Phyllis); Holien; Jensen; Johnston; Kirkeby; Lederman; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Tieszen
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.
The question being "Shall SJR 2 pass as amended?"
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent 0
Yeas:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rave; Rhoden; Soholt; Tidemann; Van Gerpen; Vehle; White
Nays:
Adelstein; Bradford; Buhl; Frerichs; Jones; Lucas; Rampelberg; Sutton; Tieszen; Welke
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
SB 205: FOR AN ACT ENTITLED, An Act to authorize the hunting of wolves in certain
circumstances.
Was read the second time.
The question being "Shall SB 205 pass as amended?"
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 169: FOR AN ACT ENTITLED, An Act to provide for the assignment of insurance
payments for ambulance service providers.
Was read the second time.
Sen. Kirkeby requested that Joint Rule 5-17 be invoked on SB 169.
Which request was supported and SB 169 with Sen. Brown's pending motion to amend was
deferred until February 14, the 23rd legislative day.
Which motion prevailed.
SC 10 Introduced by: Senators Welke, Begalka, Bradford, Brown, Buhl, Johnston, Jones,
Kirkeby, Monroe, and Tieszen and Representatives Greenfield, Feickert, Hawks, Kaiser,
Kirschman, Miller, Novstrup (David), Peterson, Qualm, Rasmussen, Ring, Schoenfish, Sly,
Solum, Tulson, and Verchio
Team of the year and the 2012 South Dakota Sportswriters High School Girls Team of the Year;
and
SC 11 Introduced by: Senators Begalka, Bradford, Buhl, Ewing, Frerichs, Heineman
(Phyllis), Holien, Hunhoff (Jean), Jensen, Jones, Kirkeby, Lederman, Lucas, Monroe, Novstrup
(Al), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann,
Tieszen, Van Gerpen, Vehle, Welke, and White and Representatives Peterson, Bartling, Conzet,
Cronin, Feickert, Feinstein, Gibson, Haggar (Jenna), Hansen, Hawks, Hawley, Heinemann
(Leslie), Heinert, Hunhoff (Bernie), Killer, Kirschman, Lust, Magstadt, Munsterman, Nelson,
Parsley, Ring, Rozum, Schoenfish, Schrempp, Sly, Soli, Stalzer, Steele, Tyler, Wick, and
Wismer
Sen. Olson moved that the Senate do now adjourn, which motion prevailed and at
4:22 p.m. the Senate adjourned.