The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of
Allegiance led by Senate page KayDe Roth.
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 twenty-first 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 the Office of Engrossing
and Enrolling has carefully compared SB 53 and 57 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 48 and 49 were
delivered to his Excellency, the Governor, for his approval at 9:15 a.m., February 13, 2013.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1023 and 1169 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The Committee on Local Government respectfully reports that it has had under
consideration SB 179 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 42 and 44 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 143 and returns the same without recommendation.
The Committee on Transportation respectfully reports that it has had under consideration
SB 219 and 220 which were deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration SB 199
and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1090 which was deferred to the 41st Legislative Day.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 186 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of James E. Putnam of Douglas County, Armour, 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 State Affairs respectfully reports that it has had under consideration
SB 112 and 113 which were tabled.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 197 and 214 which were deferred to the 41st Legislative Day.
I have the honor to transmit herewith HB 1006 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to return herewith SB 53 and 57 which have passed the House without
change.
I have the honor to transmit herewith HB 1057, 1083, 1151, 1171, and 1233 which have
passed the House and your favorable consideration is respectfully requested.
HCR 1006: A CONCURRENT RESOLUTION, Petitioning the President of the United
States and the Department of State to authorize the Keystone XL Pipeline.
Was read the first time, the President waived the referral to committee, and placed
HCR 1006 on the calendar of Thursday, February 14, the 23rd legislative day.
SCR 1: A CONCURRENT RESOLUTION, Urging action by Congress on agricultural
issues and the federal farm bill.
Was read the second time.
Sen. Lucas moved that SCR 1 as found on page 372 of the Senate Journal be adopted.
The question being on Sen. Lucas' motion that SCR 1 be adopted.
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); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Omdahl; Otten (Ernie)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 1 was adopted.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 76 as found on page 369 of the Senate Journal; also
Appropriations on SB 31 as found on page 371 of the Senate Journal; also
Commerce and Energy on HB 1106 as found on page 370 of the Senate Journal be adopted.
Which motion prevailed.
HB 1057: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to suppression of wildfires in the state and to declare an emergency.
Was read the first time and referred to the Committee on Appropriations.
HB 1083: FOR AN ACT ENTITLED, An Act to revise the crime of rustling to include
sheep and goats.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1151: FOR AN ACT ENTITLED, An Act to extend general immunity from liability
for directors and officers of certain nonprofit fire and ambulance departments and to limit
certain actions for personal injury or death.
Was read the first time and referred to the Committee on Judiciary.
HB 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy
levy.
Was read the first time and referred to the Committee on Judiciary.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to an
employer's denial of workers' compensation claims.
Was read the second time.
The question being "Shall HB 1097 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 215: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted
persons may obtain their original birth certificates.
Was read the second time.
The question being "Shall SB 215 pass?"
And the roll being called:
Yeas 16, Nays 19, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher;
Rampelberg; Soholt; Sutton; Tidemann; Tieszen; Welke
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Buhl announced her intention to reconsider the vote by which SB 215 lost.
SJR 1: A JOINT RESOLUTION, Proposing and submitting to the electors at the next
general election an amendment to Article III, section 6 of the Constitution of the State of South
Dakota, relating to legislative terms and legislative term limits.
Was read the second time.
The question being "Shall SJR 1 pass?"
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Frerichs; Heineman (Phyllis); Jensen; Johnston; Jones; Lederman; Maher;
Novstrup (Al); Olson (Russell); Otten (Ernie); Peters; Rave; Sutton; Tieszen; Vehle; Welke;
White
Nays:
Bradford; Brown; Buhl; Ewing; Holien; Hunhoff (Jean); Kirkeby; Krebs; Lucas; Monroe;
Omdahl; Rampelberg; Rhoden; Soholt; Tidemann; Van Gerpen
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 166: FOR AN ACT ENTITLED, An Act to revise the number of years that permits to
carry a concealed weapon are valid.
Was read the second time.
The question being "Shall SB 166 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.
SB 207: FOR AN ACT ENTITLED, An Act to make certain legislative findings
concerning federal infringement on Second Amendment rights.
Was read the second time.
Sen. Lucas requested a fiscal note on SB 207.
Which request was supported.
SB 157: FOR AN ACT ENTITLED, An Act to revise the distribution from the wind energy
tax fund.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 157 pass as amended?"
And the roll being called:
Yeas 27, Nays 8, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Otten (Ernie); Rampelberg;
Rave; Rhoden; Soholt; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Brown; Johnston; Lucas; Novstrup (Al); Olson (Russell); Omdahl; Peters; Tidemann
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.
SB 151: FOR AN ACT ENTITLED, An Act to clarify the maintenance responsibilities on
unimproved section lines.
The question being "Shall SB 151 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 198: FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial
Qualifications Commission.
Was read the second time.
The question being "Shall SB 198 pass as amended?"
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; Maher; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Sutton
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 10: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of swine teaching and research facilities at South Dakota State University
and to make an appropriation therefor.
Was read the second time.
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al);
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Maher; Monroe; Omdahl
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.
SB 11: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of an indoor practice and human performance facility on the campus of
South Dakota State University and to make an appropriation therefor.
Was read the second time.
The question being "Shall SB 11 pass?"
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al);
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Maher; Monroe; Omdahl
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.
SB 189: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes and to declare an emergency.
The question being "Shall SB 189 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 111: FOR AN ACT ENTITLED, An Act to amend provisions of the Uniform
Commercial Code relating to electronic funds transfers and to declare an emergency.
Was read the second time.
The question being "Shall SB 111 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 190: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability, to revise the income eligibility requirements
for property and sales tax refunds, and to declare an emergency.
Was read the second time.
The question being "Shall SB 190 pass as amended?"
And the roll being called:
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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 194: FOR AN ACT ENTITLED, An Act to extend the sunset date for certain
expenditures from a school district's capital outlay fund.
Was read the second time.
The question being "Shall SB 194 pass?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Holien; Hunhoff (Jean); Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Welke;
White
Nays:
Frerichs; Heineman (Phyllis); Lucas; Peters; Rhoden; Vehle
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, 1091, 1011,
1071, 1072, 1073, 1074, 1125, 1127, and 1070 be deferred to Thursday, February 14, the 23rd
legislative day.
Which motion prevailed.
The President publicly read the title to
SB 57: FOR AN ACT ENTITLED, An Act to define a biodiesel producer and bulk plant
operator and revise certain statutory references and to make certain form and style changes
regarding motor fuel taxation.
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
examination for an application for a funeral service license.
And signed the same in the presence of the Senate.
SC 12 Introduced by: Senators Jones, Bradford, Buhl, Ewing, Frerichs, Heineman (Phyllis),
Holien, Johnston, Kirkeby, Krebs, Lederman, Lucas, Novstrup (Al), Olson (Russell), Omdahl,
Rampelberg, Sutton, Tieszen, Welke, and White and Representatives Ring, Bartling, Duvall,
Ecklund, Feickert, Feinstein, Gibson, Hawks, Hawley, Heinert, Hickey, Hunhoff (Bernie),
Johns, Kaiser, Killer, Kirschman, May, Novstrup (David), Parsley, Peterson, Qualm, Rozum,
Schoenfish, Schrempp, Soli, Stalzer, Steele, Tyler, Verchio, and Wismer
Sen. Omdahl moved that the Senate do now adjourn, which motion prevailed and at
4:22 p.m. the Senate adjourned.