The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by Senate page Megan Rodgers.
Roll Call: All members present except Sens. Krebs and Van Gerpen who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fifth 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 President introduced Elsie Fortune, the current South Dakota High School Rodeo
Queen and Breakaway Champion from Wall, to the body.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 19, 2013, I approved Senate Bills 48, 49,
53, and 57, and the same have been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that SB 8, 9, 126, and 127
were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 20, 2013.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1079 and 1101 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1076, 1078, 1099, and 1107 and returns the same with the recommendation
that said bills do pass and be placed on the consent calendar.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1118 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1117 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1030 and 1180 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
HB 1067 and 1084 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 State Affairs respectfully reports that it has had under consideration
HB 1135 which was deferred to the 41st Legislative Day.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1239 and returns the same with the recommendation that said bill do pass.
The Committee on Taxation respectfully reports that it has had under consideration
HB 1039 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1106.
I have the honor to return herewith SCR 1 in which the House has concurred.
I have the honor to transmit herewith HB 1187, 1191, 1194, 1217, 1234, and 1250 which
have passed the House and your favorable consideration is respectfully requested.
SCR 2: A CONCURRENT RESOLUTION, Expressing support for civic education in the
public schools in South Dakota, and recognizing March 6, 2013, as Civic Education Day at the
State Capitol.
Was read the second time.
Sen. Kirkeby moved that SCR 2 as found on page 444 of the Senate Journal be adopted.
The question being on Sen. Kirkeby's motion that SCR 2 be adopted.
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Excused:
Krebs; Rampelberg; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
SCR 3 Introduced by: Senators Lucas, Adelstein, Bradford, Brown, Buhl, Frerichs, Jones,
Kirkeby, Olson (Russell), Peters, Rave, Sutton, Tidemann, Tieszen, and Welke and
Representatives Cronin, Bolin, Carson, Ecklund, Feinstein, Gibson, Gosch, Hansen, Hawks,
Hawley, Hunhoff (Bernie), Lust, Novstrup (David), Parsley, Qualm, Rozum, Schaefer,
Schoenfish, Sly, Soli, Solum, Tyler, Verchio, and Wick
Was read the first time, the President waived the referral to committee, and placed SCR 3
on the calendar of Thursday, February 21, the 27th legislative day.
Sen. Olson moved that SB 232 be placed to follow SB 28 on today's calendar.
Which motion prevailed.
Sen. Olson moved that the reports of the Standing Committees on
Appropriations on SB 15 as found on page 451 of the Senate Journal; also
Appropriations on SB 28 as found on page 453 of the Senate Journal; also
Appropriations on SB 76 as found on page 460 of the Senate Journal; also
Appropriations on SB 155 as found on page 461 of the Senate Journal; also
Appropriations on SB 176 as found on page 461 of the Senate Journal; also
Appropriations on SB 208 as found on page 462 of the Senate Journal; also
Appropriations on SB 218 as found on page 462 of the Senate Journal; also
Appropriations on SB 229 as found on page 464 of the Senate Journal; also
Appropriations on SB 233 as found on page 464 of the Senate Journal; also
Appropriations on SB 163 as found on page 465 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Peters moved that the words "without recommendation" be stricken from the report
of the Committee on Appropriations on SB 163, that the words "do pass" be inserted, and that
the bill be placed on today's calendar.
The question being on Sen. Peters' motion that the words "without recommendation" be
stricken from the report of the Committee on Appropriations on SB 163, that the words "do
pass" be inserted, and that the bill be placed on today's calendar.
And the roll being called:
Yeas 11, Nays 22, Excused 2, Absent 0
Yeas:
Adelstein; Frerichs; Heineman (Phyllis); Jensen; Jones; Novstrup (Al); Otten (Ernie); Peters;
Rave; Sutton; Welke
Nays:
Begalka; Bradford; Brown; Buhl; Ewing; Holien; Hunhoff (Jean); Johnston; Kirkeby;
Lederman; Lucas; Maher; Monroe; Olson (Russell); Omdahl; Rampelberg; Rhoden; Soholt;
Tidemann; Tieszen; Vehle; White
Excused:
Krebs; Van Gerpen
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
HB 1187: FOR AN ACT ENTITLED, An Act to provide alternative brand inspection
procedures for certain rodeo livestock.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1194: FOR AN ACT ENTITLED, An Act to revise the period during which fireworks
may be discharged.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1217: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions
related to organ and tissue donation.
Was read the first time and referred to the Committee on State Affairs.
HB 1234: FOR AN ACT ENTITLED, An Act to provide a limited exception to the
provisions that exempt sport shooting ranges from the public nuisance laws.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1250: FOR AN ACT ENTITLED, An Act to honor veterans as certain persons who
performed service in reserve components.
Was read the first time and referred to the Committee on Appropriations.
HB 1052: FOR AN ACT ENTITLED, An Act to revise certain requirements for third party
administrators and pharmacy benefits managers.
Was read the second time.
The question being "Shall HB 1052 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Excused:
Krebs; 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 1157: FOR AN ACT ENTITLED, An Act to increase certain penalties regarding the
sale of petroleum products.
Was read the second time.
The question being "Shall HB 1157 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Krebs; 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 1006: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
termination of certain mineral interests.
Was read the second time.
The question being "Shall HB 1006 pass as amended?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Krebs; 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 159: FOR AN ACT ENTITLED, An Act to revise the state aid to general education
formula by including an adjustment for students with limited English proficiency.
Was read the second time.
The question being "Shall SB 159 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Excused:
Krebs; 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 238: FOR AN ACT ENTITLED, An Act to appropriate money to the animal damage
control fund for predator control services and to declare an emergency.
Was read the second time.
The question being "Shall SB 238 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen;
Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Vehle; White
Nays:
Bradford; Buhl; Holien; Johnston; Lucas; Peters; Tieszen; Welke
Excused:
Krebs; Van Gerpen
SB 136: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula and
to make an appropriation.
Was read the second time.
The question being "Shall SB 136 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Krebs; Van Gerpen
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 154: FOR AN ACT ENTITLED, An Act to revise the maximum weight allowed on
certain wide-based super single tires.
Was read the second time.
The question being "Shall SB 154 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Excused:
Krebs; 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 130: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
absentee voting.
Was read the second time.
The question being "Shall SB 130 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Monroe
Excused:
Krebs; 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 180: FOR AN ACT ENTITLED, An Act to amend certain provisions relating to the
publication of payroll information.
Was read the second time.
6-1-10. Notwithstanding the provisions of §§ 7-18-3, 9-18-1, and 13-8-35, the boards each
board of county commissioners, the governing board of each municipal corporation, and school
boards each school board shall publish with the minutes of the first meeting following the
beginning of the fiscal year, or within thirty days thereafter, or in the minutes of the first meeting
following the completion of salary negotiations with employees for that fiscal year, or within
thirty days thereafter, a complete list of all the salaries and benefits of all officers and employees
and thereafter shall publish once any salary and benefits paid to any officer or employee who has
been added or whose salary has or benefits have been increased. The governing board shall
publish, in their minutes, at least monthly, a total of payroll by department. For purposes of this
section, the term, benefits, means the total dollar amount paid to each employee and officer for
the employer's share of Federal Insurance Contributions Act (FICA), Supplemental Security
Income (SSI), retirement, any nonprofessional membership fee, and the average amount paid per
employee or officer for health insurance annually. "
The question being "Shall SB 180 pass as amended?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Vehle;
White
Nays:
Frerichs; Jones; Lucas; Sutton; Welke
Excused:
Krebs; 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 135: FOR AN ACT ENTITLED, An Act to establish a summer study committee to
study long-term care service needs in South Dakota.
Sen. Rave moved that SB 135 be laid on the table.
The question being on Sen. Rave's motion that SB 135 be laid on the table.
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle;
Welke; White
Nays:
Bradford; Frerichs; Monroe
Excused:
Krebs; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Olson moved that the Senate do now recess until 4:15 p.m., which motion prevailed
and at 3:27 p.m., the Senate recessed.
Sen. Olson moved that SB 28 be placed to follow SB 236 and SB 15 to follow SB 28 on
today's calendar.
Which motion prevailed.
SB 82: FOR AN ACT ENTITLED, An Act to provide for the nomination of candidates for
certain constitutional officers using political party primary elections.
"Section 9. That § 1-32-3 be amended to read as follows:
1-32-3. Except as provided by §§ 5-17-2 and 38-1-2, the head of each principal department
shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure
of the Governor pursuant to S.D. Const., Art. IV, § 9.
Section 10, That § 38-1-2 be amended to read as follows:
38-1-2. The head of the Department of Agriculture shall be known as is the secretary of
agriculture of the State of South Dakota, and wherever the word "secretary". The term, secretary,
wherever it appears in this title, it shall mean the "secretary of agriculture of the State of South
Dakota" means the secretary of agriculture unless the context indicates otherwise. He shall be
appointed by the Governor pursuant to S.D. Const., Art. IV, § 9 and to § 1-32-3 The secretary
shall be elected as provided in this Act.
Section 11. That chapter 38-1 be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 38-1 be amended by adding thereto a NEW SECTION to read as
follows:
Section 13. That § 12-25-29 be amended to read as follows:
Section 14. That subdivision (23) of § 12-27-1 be amended to read as follows:
The question being "Shall SB 82 pass as amended?"
And the roll being called:
Yeas 11, Nays 22, Excused 2, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Jones; Lederman; Lucas; Maher; Sutton; Tieszen; Welke
Nays:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg;
Rave; Rhoden; Soholt; Tidemann; Vehle; White
Excused:
Krebs; 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 237: FOR AN ACT ENTITLED, An Act to appropriate funds for deposit into the need-based grant fund, to provide for annual funding of the need-based grant fund with a portion of
the funds received from the education enhancement trust fund, and to declare an emergency.
Was read the second time.
The question being "Shall SB 237 pass as amended?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Krebs; Van Gerpen
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 207: FOR AN ACT ENTITLED, An Act to make certain legislative findings concerning
federal infringement on Second Amendment rights.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 207 pass?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle;
Welke; White
Nays:
Adelstein; Bradford; Buhl; Lucas
Excused:
Krebs; 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 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the collection allowance credit for collecting the sales tax.
Sen. Olson moved the previous question.
Which motion prevailed.
Sen. Kirkeby requested a roll call vote.
Which request was supported.
The question being on Sen. Kirkeby's motion that SB 51 be amended.
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby;
Lederman; Lucas; Monroe; Olson (Russell); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tieszen; Vehle; Welke; White
Nays:
Bradford; Brown; Heineman (Phyllis); Jensen; Maher; Novstrup (Al); Omdahl; Peters; Tidemann
Excused:
Krebs; Van Gerpen
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
The question being "Shall SB 51 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Nays:
Bradford; Tidemann
Excused:
Krebs; 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 232: FOR AN ACT ENTITLED, An Act to limit political contributions by certain
political action committees.
Was read the second time.
The question being "Shall SB 232 pass?"
And the roll being called:
Yeas 26, Nays 7, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Vehle; White
Nays:
Bradford; Buhl; Frerichs; Jones; Lucas; Sutton; Welke
Excused:
Krebs; 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 76: FOR AN ACT ENTITLED, An Act to appropriate money to fund the education
service agencies.
The question being "Shall SB 76 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle;
Welke; White
Nays:
Bradford; Buhl; Jones; Lucas
Excused:
Krebs; Van Gerpen
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 155: FOR AN ACT ENTITLED, An Act to establish a local government road
improvement grant fund for the purpose of serving new agricultural facilities and to make an
appropriation therefor.
Was read the second time.
The question being "Shall SB 155 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Lucas
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 176: FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota
Board of Regents - Agricultural Experiment Station to implement a research investment
program.
Was read the second time.
The question being "Shall SB 176 pass as amended?"
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Holien; Omdahl
Excused:
Krebs; Van Gerpen
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 208: FOR AN ACT ENTITLED, An Act to make an appropriation to rehabilitate certain
state-owned rail lines.
Was read the second time.
The question being "Shall SB 208 pass as amended?"
And the roll being called:
Yeas 22, Nays 11, Excused 2, Absent 0
Nays:
Buhl; Heineman (Phyllis); Holien; Jensen; Johnston; Jones; Monroe; Olson (Russell); Sutton;
Welke; White
Excused:
Krebs; Van Gerpen
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 218: FOR AN ACT ENTITLED, An Act to establish a program to assist rural counties
to recruit attorneys.
Was read the second time.
The question being "Shall SB 218 pass as amended?"
And the roll being called:
Yeas 23, Nays 10, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Johnston; Kirkeby; Lucas;
Maher; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Adelstein; Ewing; Holien; Hunhoff (Jean); Jensen; Jones; Lederman; Monroe; Omdahl; Otten
(Ernie)
Excused:
Krebs; Van Gerpen
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
Sen. Vehle announced his intention to reconsider the vote by which SB 218 lost.
Was read the second time.
The question being "Shall SB 229 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Vehle; Welke; White
Excused:
Krebs; Van Gerpen
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 233: FOR AN ACT ENTITLED, An Act to create the critical teaching needs scholarship
program and to make an appropriation to the education enhancement trust fund to provide for
the annual funding of the scholarships.
Was read the second time.
The question being "Shall SB 233 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Lucas; Maher; Novstrup (Al); Olson
(Russell); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle;
Welke; White
Nays:
Holien; Monroe; Omdahl; Otten (Ernie)
Excused:
Krebs; Van Gerpen
SB 236: FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents
to fund the expansion of information systems programs and cyber security programs at Dakota
State University.
Was read the second time.
The question being "Shall SB 236 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien;
Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Vehle; Welke; White
Nays:
Lucas
Excused:
Krebs; Van Gerpen
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.
Sen. Vehle moved that the Senate do now reconsider the vote by which SB 218 lost.
The question being on Sen. Vehle's motion to reconsider the vote by which SB 218 lost.
And the roll being called:
Yeas 20, Nays 13, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Johnston; Kirkeby; Lederman;
Maher; Novstrup (Al); Olson (Russell); Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Vehle; White
Excused:
Krebs; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 218 was up for reconsideration and final passage.
SB 218: FOR AN ACT ENTITLED, An Act to establish a program to assist rural counties
to recruit attorneys.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 218 pass as amended?"
And the roll being called:
Yeas 22, Nays 11, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Heineman (Phyllis); Johnston; Kirkeby; Lederman;
Maher; Monroe; Novstrup (Al); Olson (Russell); Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Vehle; Welke; White
Nays:
Adelstein; Ewing; Holien; Hunhoff (Jean); Jensen; Jones; Lucas; Omdahl; Otten (Ernie); Peters;
Rampelberg
Excused:
Krebs; Van Gerpen
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 28: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for school
districts and to revise certain provisions regarding state aid to education.
Was read the second time.
Which request was supported.
The question being on Sen. Kirkeby's motion that SB 28 be amended.
And the roll being called:
Yeas 17, Nays 16, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Buhl; Ewing; Frerichs; Jones; Kirkeby; Lederman; Lucas; Maher; Otten
(Ernie); Rampelberg; Rhoden; Sutton; Tieszen; Vehle; Welke
Nays:
Adelstein; Brown; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Monroe;
Novstrup (Al); Olson (Russell); Omdahl; Peters; Rave; Soholt; Tidemann; White
Excused:
Krebs; Van Gerpen
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
"Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as
follows:
Which request was not supported.
The question now being on Sen. Adelstein's motion that SB 28 be further amended.
Which motion failed.
The question being "Shall SB 28 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Nays:
Adelstein; Holien; Lucas; Rampelberg
Excused:
Krebs; Van Gerpen
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 15: FOR AN ACT ENTITLED, An Act to provide for expenditures for early learning
services from the special education fund.
Was read the second time.
"Section 6. That § 13-37-2.1 be amended to read as follows:
13-37-2.1. As used in this chapter, the term, surrogate parent, means any individual certified
by the Department of Education assigned by the district to act in place of the parent of a child
in need of special education when the school district cannot identify or locate the parent or the
child is a ward of the state.
Section 7. That § 13-37-16 be amended to read as follows:
13-37-16. For taxes payable in 1997 2014, and each year thereafter, the school board shall
levy no more than one dollar and forty fifty-five and two tenths cents per thousand dollars of
taxable valuation, as a special levy in addition to all other levies authorized by law for the
amount so determined to be necessary, and such levy shall be spread against all of the taxable
property of the district. The proceeds derived from such levy shall constitute a school district
special education fund of the district for the payment of costs for the special education of all
children in need of special education or special education and related services who reside within
the district pursuant to the provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this
section shall be based on valuations such that the median level of assessment represents 85% of
market value as determined by the Department of Revenue. The total amount of taxes that would
be generated at the levy pursuant to this section shall be considered local effort. Money in the
special education fund may be expended for the purchase or lease of any assistive technology that
is directly related to special education and specified in a student's individualized education plan.
This section does not apply to real property improvements.
been generated for the taxes payable in 2010 plus any unused index factor from the previous
years. After applying the index factor, a school district may increase the revenue payable from
taxes on real property above the limitations provided by this section by the percentage increase
of value resulting from any improvements or change in use of real property, annexation, minor
boundary changes, and any adjustments in taxation of real property separately classified and
subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B,
except § 10-6-31.4, only if assessed the same as property of equal value.
Section 8. That § 13-37-16.2 be amended to read as follows:
13-37-16.2. If local effort increases on a statewide aggregate basis by a greater percentage
than local need on a statewide aggregate basis from any one year to the next, for the following
year, the levy specified in subdivision 13-37-35.1(19) 13-37-35.1(7) shall be reduced
proportionally so that the percentage increase in local effort on a statewide aggregate basis equals
the percentage increase in need on a statewide aggregate basis.
Section 9. That § 13-37-16.3 be amended to read as follows:
13-37-16.3. Any adjustments in the levy specified in subdivision 13-37-35.1(19) 13-37-35.1(7) made pursuant to § 13-37-16.2 shall be based on maintaining the relationship between
statewide local effort as a percentage of statewide local need in the fiscal year succeeding the
fiscal year in which the adjustment is made. However, for fiscal year 2014, and each year
thereafter, if the levy specified in subdivision 13-37-35.1(7) is not adjusted to maintain this
relationship, the funding allocation for each disability level as defined in § 13-37-35.1 shall be
reduced proportionally to maintain the relationship between statewide local effort as a percentage
of statewide local need.
Section 10. That § 13-37-18 be amended to read as follows:
13-37-18. Special education costs and statistical information shall be included in the annual
application for state aid financial report as provided in § 13-13-37.
Section 11. That § 13-37-35.1 be amended to read as follows:
13-37-35.1. Terms used in chapter 13-37 mean:
previous school year minus the number of students for whom the district receives
tuition, except any nonresident student who is in the care and custody of a state
agency and is attending a public school and any student for whom tuition is being paid
pursuant to § 13-28-42.1, plus the number of students for whom the district pays
tuition;
as calculated in subdivision (7) the school district's special education tax levy in
dollars per thousand divided by $1.352. The maximum effort factor is 1.0.
Section 12. That § 13-37-36.1 be amended to read as follows:
13-37-36.1. To establish the school district special education fund statutory carryover
excluding federal funds, the following calculations shall be performed:
13-37-40. Subject to the limitation in § 13-37-42, the secretary of the Department of
Education shall, for school fiscal year 1999 2014 and each year thereafter, set aside 5.75% four
million dollars of the state aid to districts for special education appropriation for extraordinary
expenses incurred in providing special education programs or services to one or more children
with disabilities, with expenditures to be made as recommended by an oversight board and
approved by the secretary of the Department of Education. Any funds not expended or obligated
pursuant to this section shall not be subject to reversion pursuant to § 4-8-19. The maximum
amount not subject to reversion is equal to 5.75% of the state special education appropriation.
The total amount set aside for extraordinary expenses each fiscal year plus the total amount not
reverted from previous fiscal years may not exceed five million five hundred thousand dollars.
Section 14. That § 13-37-40.1 be amended to read as follows:
13-37-40.1. A school district is not eligible for funding from the money set aside in §§ 13-37-38 to 13-37-40, inclusive, unless the school district certifies to the secretary of education that its
ending special education fund balance will not exceed five ten percent of its special education
expenditures for the current fiscal year.
Section 15. That § 13-37-44 be amended to read as follows:
13-37-44. A school district's state aid for special education as calculated pursuant to § 13-37-36.1 or 13-37-51 shall be reduced by the amount which its ending special education fund balance
exceeds twenty twenty-five percent of its special education expenditures for the prior fiscal year
or fifty one hundred thousand dollars, whichever is greater, if the school district did not receive
money set aside in § 13-37-40 during the prior fiscal year; or the amount which its ending special
education fund balance exceeds five ten percent of its special education expenditures for the
prior fiscal year if the school district received money set aside in §§ 13-37-38 to 13-37-40,
inclusive, during the prior fiscal year.
13-37-48.1. In addition to the purposes specified in § 13-37-40, money set aside pursuant to
§ 13-37-40 may be used by the Department of Education to establish and maintain a program to
assist school districts with legal matters relating to special education, to employ personnel to
audit school districts for compliance with the provisions of §§ 13-37-36.1 to 13-37-52, to
establish and maintain state protocols to assist school districts in developing individualized
education plans, to support activities under Part C of the Individuals with Disabilities Education
Act, Infants and Toddlers with Disabilities, or to purchase assistive technology for students with
a level two, three, four, or five disability.
Section 17. That § 13-37-51 be repealed.
13-37-51. For the transition period from school fiscal year 2000 through school fiscal year
2003, state aid for special education shall be determined according to the following calculations:
13-37-53. If the parents or guardian of a child assigned to and enrolled in an out of district
special education residential or tuition day program move to another South Dakota school district
and that school district provides special education services to the child, the Department of
Education shall allocate any state aid to special education attributable to the child received or
scheduled to be received by the resident school district as defined by § 13-28-9.1 to the school
district to which the parents or guardian have moved for the period of time that the resident
school district is not providing special education services to the child. For the purposes of §§ 13-28-9.1 and 13-37-54, an approved special education program includes out-of-district residential
programs and tuition day programs.
Section 19. That § 13-37-54 be amended to read as follows:
13-37-54. The Department of Education may promulgate rules pursuant to chapter 1-26 to
provide for the reallocation of state aid to special education as provided for in §§ § 13-28-9.1 and
13-37-53.
13-16-7.1. For taxes payable in 2011, 2012, 2013, 2014, and 2015, the provisions of §§ 13-10-6, and 13-16-7, 13-37-16, and 13-37-35.1 that limit the maximum amount of revenue that
may be generated by the pension, and capital outlay, and special education tax levies do not
apply to any school district that has less than a ten percent change in the total taxable valuation
from the previous year of all real property in the school district, not including the increase of
value resulting from any improvements or change in use of real property. ".
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 24, Nays 9, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rave; Soholt; Tidemann; Tieszen; Vehle; White
Nays:
Bradford; Buhl; Frerichs; Jones; Lucas; Rampelberg; Rhoden; Sutton; Welke
Excused:
Krebs; Van Gerpen
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.
Sen. Olson moved that HB 1019, 1020, 1091, 1011, 1071, 1072, 1073, 1074, 1125, 1127,
1070, 1035, 1153, 1069, 1163, 1001, 1002, 1003, and 1004 be deferred to Thursday, February
21, the 27th legislative day.
Which motion prevailed.
The President publicly read the title 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.
HB 1169: FOR AN ACT ENTITLED, An Act to amend the provisions regarding the
reimbursement of a physical exam of a victim after a rape.
And signed the same in the presence of the Senate.
SC 14 Introduced by: Senators Johnston, Adelstein, Begalka, Bradford, Brown, Buhl,
Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), 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, and
White and Representatives Bartling, Bolin, Cammack, Campbell, Carson, Conzet, Craig, Cronin,
Dryden, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar
(Don), Haggar (Jenna), Hajek, Hansen, Hawks, Hawley, Heinemann (Leslie), 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, Rozum, Russell,
Schaefer, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Steele, Stevens, Tulson, Tyler,
Verchio, Werner, Westra, Wick, Wink, and Wismer