The prayer was offered by the Chaplain, Reverend J.P. Mosley, Jr., followed by the Pledge
of Allegiance led by Senate page Daniel Keller.
Roll Call: All members present except Sen. Van Gerpen who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-third 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 8 and 9 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 53 and 57 were
delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 15, 2013.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1069 and 1086 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 130 and returns the same with the recommendation that said bill be amended
as follows:
"Absentee voting shall begin neither earlier nor later than forty-six days prior to the
election including any voter identified as being covered by the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1)."
The Committee on Local Government respectfully reports that it has had under
consideration SB 180 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 165 and 240 which were deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 142 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
SB 154 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1153 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
HB 1140 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 Taxation respectfully reports that it has had under consideration SB 175
which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 135 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 136, 182, 232, and 235 and returns the same with the recommendation that said bills do
pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 82 and returns the same with the recommendation that said bill be amended as follows:
"Section 10. That § 12-5-21 be amended to read as follows:
12-5-21. The state convention shall nominate candidates for lieutenant governor, attorney
general, secretary of state, state auditor, state treasurer, commissioner of school and public
lands, and public utilities commissioner and in the years when a President of the United States
is to be elected, presidential electors and national committeeman and national committeewoman
of the party. "
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 237 and returns the same with the recommendation that said bill be amended as follows:
13-55A-1. The South Dakota Legislature finds that providing need-based financial aid to
qualified resident students in education beyond high school in South Dakota enrolled in
participating postsecondary institutions within the state is in the public interest.
13-55A-2. Terms used in this chapter, unless the context otherwise requires, mean:
13-55A-3. A leveraging educational assistance partnership South Dakota need-based grant
or special leveraging educational assistance partnership grant may be awarded to any qualified
South Dakota resident student who is admitted and is in attendance at any eligible institution
on at least a half-time basis, and has established financial need and has received qualifying
matching aid.
Section 4. That § 13-55A-4 be amended to read as follows:
13-55A-4. A participating eligible institution shall calculate the amount of award a
leveraging educational assistance partnership South Dakota need-based grant or special
leveraging educational assistance partnership grant to a qualified student for the normal
academic year, or its equivalent, from a range of not less than one five hundred dollars nor more
than one two thousand dollars, and shall make a recommendation to the executive director for
his approval, disapproval or modification. The institution making the recommendation for each
leveraging educational assistance partnership South Dakota need-based grant or special
leveraging educational assistance partnership grant shall consider any other financial assistance
available to the qualified student in relation to the financial assistance available to other
qualified students attending that institution and may not exceed the lesser of the unmet need of
the qualified student or the amount of qualifying matching aid.
Section 5. That § 13-55A-5 be amended to read as follows:
13-55A-5. Each applicant, in accordance with the rules and regulations of the executive
director, shall:
13-55A-10. If a recipient of a leveraging educational assistance partnership South Dakota
need-based grant or special leveraging educational assistance partnership grant discontinues
attendance before the end of any semester, summer school sessions session, or their equivalents,
the entire amount of any refund due that student from the eligible institution on a pro rata basis,
up to the amount of any payment made under the leveraging educational assistance partnership
South Dakota need-based grants or special leveraging educational assistance partnership grant,
shall be paid by the eligible institution to the state.
Section 7. That § 13-55A-11 be amended to read as follows:
13-55A-11. The executive director shall administer this program and shall:
13-55A-12. The executive director Board of Regents is further authorized to establish a
South Dakota need-based matching program. Any postsecondary institution eligible to
participate in the program established under § 13-55A-1 may apply to the executive director
once it has accumulated funding equal to three times the total need-based award. When an
award is made, the board may distribute such monies at the rate of one dollar of the sum
appropriated in this Act for every three dollars of private funding held and allocated to need-based financial aid by the participating institution. The Board of Regents may accept gifts,
grants, and contributions, public or private, that will facilitate the education of South Dakota
students pursuant to this chapter.
Section 9. That § 13-55A-12.1 be amended to read as follows:
13-55A-12.1. The executive director is hereby authorized to accept and expend any funds
received from federal state or private sources as provided for in this chapter, provided such
acceptance and expenditure is approved in accordance with § 4-8B-10. Expenditures authorized
under this section shall be paid out on warrants drawn by the state auditor on vouchers approved
by the executive director, or his designee.
Section 10. 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 need-based grant fund
established pursuant to § 13-55A-14.
Section 11. That § 13-55A-14 be amended to read as follows:
13-55A-14. There is hereby created in the state treasury education enhancement trust fund
the South Dakota need-based grant fund in the Board of Regents for the purpose of providing
grants pursuant to this chapter to qualified students. All moneys in the South Dakota need-based
grant fund are subject to appropriation by the Legislature through the General Appropriations
Act or special appropriations acts for the need-based grant programs. Any interest earned shall
be credited to the fund. The board may accept any gifts, contributions, or funds obtained from
any other source for the purpose of carrying out the provisions of this section.
Section 12. The state treasurer shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Section 13. 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 transfer to the
general fund shall be apportioned based on the relative share of the contributions made to the
need-based grant program as a proportion of the total principle balance in the trust fund as
earnings available for the need-based grant program. Earnings apportioned to the need-based
grant fund shall be appropriated to make awards authorized by this Act.
Section 14. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval."
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 162 which was tabled.
I have the honor to transmit herewith HB 1093, 1128, 1162, 1198, 1209, 1213, 1220, and
1246 which have passed the House and your favorable consideration is respectfully requested.
I have the honor to return herewith SB 8 and 9 which have passed the House without
change.
The Senate proceeded to the consideration of the executive appointment of Lyla Hutchison
of Shannon County, Wounded Knee, South Dakota, to the State Brand Board.
The question being "Does the Senate advise and consent to the executive appointment of
Lyla Hutchison pursuant to the executive message as found on page 217 of the Senate Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Vehle; Welke; White
Excused:
Van Gerpen
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 reappointment of Wanda J.
Blair of Meade County, Vale, South Dakota, to the State Brand Board.
The question being "Does the Senate advise and consent to the executive reappointment
of Wanda J. Blair pursuant to the executive message as found on page 218 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Excused:
Van Gerpen
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
SENATE PAGE RESOLUTION 3 Introduced by: Senators 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-eighth
Legislature of the State of South Dakota to Savanna Anderson, Raegan Arnoldy, Chance
Freese, Daniel Keller, Dylan Kirchmeier, KayDe Roth, Logan Welker, Nolan Welker
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-eighth
Legislative Session; and
WHEREAS, the members of the Eighty-eighth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-eighth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Soholt moved the Senate Page Resolution 3 be adopted.
The question being on Sen. Soholt's motion the Senate Page Resolution 3 be adopted.
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; Vehle; Welke; White
Excused:
Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HCR 1005: A CONCURRENT RESOLUTION, Recognizing November 2013 as COPD
Awareness Month.
Was read the second time.
Sen. Hunhoff moved that the Senate do concur in HCR 1005 as found on page 302 of the
House Journal.
The question being on Sen. Hunhoff's motion that HCR 1005 be concurred in.
And the roll being called:
Yeas 34, Nays 0, Excused 1, 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; Vehle; Welke; White
Excused:
Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1005 was concurred in.
Sen. Otten moved that the Committee on Judiciary be instructed to deliver SB 177 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Sen. Jensen requested a roll call vote.
And the roll being called:
Yeas 6, Nays 28, Excused 1, Absent 0
Yeas:
Begalka; Jensen; Monroe; Omdahl; Otten (Ernie); Rampelberg
Nays:
Adelstein; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Novstrup (Al); Olson
(Russell); Peters; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Van Gerpen
So the request not having received an affirmative vote of one-third of the members-elect,
the President declared the motion lost.
Sen. Olson moved that SB 159, 44, and 238 be deferred to Tuesday, February 19, the 25th
legislative day.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Commerce and Energy on SB 195 as found on page 402 of the Senate Journal; also
Agriculture and Natural Resources on SB 183 as found on page 409 of the Senate Journal
be adopted.
Which motion prevailed.
HB 1093: FOR AN ACT ENTITLED, An Act to allow the use of dogs to hunt mountain
lions and leashed dogs to track and retrieve wounded or presumed dead big game animals.
HB 1128: FOR AN ACT ENTITLED, An Act to allow certain students to participate in
the opportunity scholarship program under certain circumstances.
Was read the first time and referred to the Committee on Education.
HB 1162: FOR AN ACT ENTITLED, An Act to provide for special organ donation decals
for license plates.
Was read the first time and referred to the Committee on Transportation.
HB 1198: FOR AN ACT ENTITLED, An Act to allow certain opportunity scholarship
recipients who graduate early to use the remainder of their scholarship award for graduate
studies.
Was read the first time and referred to the Committee on Education.
HB 1209: FOR AN ACT ENTITLED, An Act to prohibit certain persons who fail to pay
certain campaign finance related penalties from running for office.
Was read the first time and referred to the Committee on State Affairs.
HB 1213: FOR AN ACT ENTITLED, An Act to provide a reduced amount of state aid to
education funding to certain school districts with a fall enrollment of less than one hundred.
Was read the first time and referred to the Committee on Education.
HB 1220: FOR AN ACT ENTITLED, An Act to permit the use of golf carts under certain
circumstances within state parks or recreation areas.
Was read the first time and referred to the Committee on State Affairs.
HB 1246: FOR AN ACT ENTITLED, An Act to authorize certain pesticide applicators to
apply pesticide on their own property.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 199: FOR AN ACT ENTITLED, An Act to exempt certain property used for
educational purposes from taxation.
Was read the second time.
The question being "Shall SB 199 pass as amended?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, 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; Vehle; Welke; White
Nays:
Omdahl; Otten (Ernie)
Excused:
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 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability
and to worker's compensation and disability payments for law enforcement officers performing
duties in other jurisdictions.
Was read the second time.
The question being "Shall SB 206 pass?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, 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; Vehle; Welke; White
Excused:
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.
HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
procedure for setting petroleum examination and testing specifications and methods.
Was read the second time.
The question being "Shall HB 1034 pass?"
And the roll being called:
Yeas 32, Nays 2, Excused 1, 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; Vehle; Welke; White
Nays:
Omdahl; Otten (Ernie)
Excused:
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 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
educational data reporting.
Was read the second time.
The question being "Shall SB 138 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Vehle; Welke; White
Nays:
Ewing; Lucas; Olson (Russell)
Excused:
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 143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tourist-oriented directional signs.
Was read the second time.
The President declared the vote on SB 143 void as the bill was not correctly reported to the
floor. The bill will be calendared on Tuesday, February 19, the 25th legislative day.
SB 114: FOR AN ACT ENTITLED, An Act to provide a definition of smoking.
Was read the second time.
The question being "Shall SB 114 pass?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Nays:
Bradford; Buhl; Maher
Excused:
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.
Sen. Olson moved that the balance of the calendar including HB 1019, 1020, 1091, 1011,
1071, 1072, 1073, 1074, 1125, 1127, 1070, and 1035 be deferred to Tuesday, February 19, the
25th legislative day.
Which motion prevailed.
The President publicly read the title to
SB 8: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority and the Board of Regents to finance, design, construct, furnish, and equip a sports
performance enhancement facility arena and a new outdoor track and soccer complex at the
University of South Dakota and to make an appropriation therefor.
SB 9: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept the
donation of land from the University of South Dakota Foundation for the use and benefit of the
University of South Dakota.
HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to an
employer's denial of workers' compensation claims.
And signed the same in the presence of the Senate.
Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at
2:11 p.m. the Senate adjourned.