The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge
of Allegiance led by Senate pages Adrian Del Grosso and Alexandra Mattern.
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-ninth 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 SB 12, 13, 18, 19, 23,
27, 32, 41, 45, 52, 67, 72, 78, and 85 were delivered to his Excellency, the Governor, for his
approval at 11:50 a.m., February 26, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 3, 14, 22, 29, 30, 33, 35, 36, 56, 68, 69, 86, 88, 103,
118, 181, and 239 and finds the same correctly enrolled.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1150 and 1226 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 Judiciary respectfully reports that it has had under consideration
HB 1096 and returns the same with the recommendation that said bill be referred to the
Committee on Appropriations.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1102, 1103, 1191, and 1194 and returns the same with the recommendation
that said bills do pass and be placed on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1234 and returns the same with the recommendation that said bill be amended
as follows:
"Section 3. That § 21-10-33 be amended to read as follows:
21-10-33. For the purposes of §§ 21-10-28 to 21-10-34, inclusive, a sport shooting range
is an area designed and operated for the use of rifles, shotguns, or pistols as a means of
silhouette, skeet, trap, black powder, or other sport shooting. A sport shooting range includes
any shooting range located on public or private land or operated by a private entity or by a
public entity, and includes a law enforcement shooting range. "
"Section 3. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval."
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1017, 1083, 1093, and 1187 and returns the same with the
recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1059 and 1062 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
I have the honor to return herewith SCR 3 in which the House has concurred.
I have the honor to transmit herewith HCR 1009, 1010, and 1011 which have been adopted
by the House and your concurrence is respectfully requested.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1074, 1091, and 1127.
I have the honor to return herewith SB 3, 14, 22, 29, 30, 33, 35, 36, 56, 68, 69, 86, 88, 103,
118, 181, and 239 which have passed the House without change.
I have the honor to return herewith SB 96, 145, 151, and 156 which have been amended
by the House and your concurrence in the amendments is respectfully requested.
Sen. Olson moved that SCR 5 and HB 1163, 1030, 1239, 1164, 1033, and 1068 be deferred
to Wednesday, February 27, the 31st legislative day.
Which motion prevailed.
SCR 4 Introduced by: Senators Lederman, Holien, Kirkeby, Maher, Olson (Russell),
Omdahl, Rampelberg, Rave, and Rhoden and Representatives Wick, Bolin, Gosch, Magstadt,
Miller, Schrempp, Steele, Stevens, and Tyler
Was read the first time and referred to the Committee on Commerce and Energy.
HCR 1009: A CONCURRENT RESOLUTION, Recognizing South Dakota's 125th
birthday, quasquicentennial, during 2014.
Was read the first time, the President waived the referral to committee, and placed
HCR 1009 on the calendar of Wednesday, February 27, the 31st legislative day.
Was read the first time, the President waived the referral to committee, and placed
HCR 1010 on the calendar of Wednesday, February 27, the 31st legislative day.
HCR 1011: A CONCURRENT RESOLUTION, Encouraging pedestrians and bicyclists
to wear bright colored clothing when using a public highway and for motorists to watch for
pedestrians and bicyclists.
Was read the first time, the President waived the referral to committee, and placed
HCR 1011 on the calendar of Wednesday, February 27, the 31st legislative day.
SCR 6: A CONCURRENT RESOLUTION, Requesting the Congress of the United States
to enact legislation that would reinstate the separation of commercial and investment banking
functions that were in effect under the Glass-Steagall Act (Banking Act of 1933).
Was read the second time.
Sen. Begalka moved that SCR 6 as found on page 560 of the Senate Journal be adopted.
The question being on Sen. Begalka's motion that SCR 6 be adopted.
And the roll being called:
Yeas 19, Nays 16, Excused 0, Absent 0
Yeas:
Begalka; Bradford; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston; Krebs; Lederman;
Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie); Rave; Rhoden; Van Gerpen; Vehle;
Welke
Nays:
Adelstein; Brown; Buhl; Ewing; Heineman (Phyllis); Jones; Kirkeby; Lucas; Novstrup (Al);
Peters; Rampelberg; Soholt; Sutton; Tidemann; Tieszen; White
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 6 was adopted.
HCR 1007: A CONCURRENT RESOLUTION, endorsing Taiwan's participation as an
observer in the International Civil Aviation Organization (ICAO) and the United Nations
Framework Convention on Climate Change (UNFCCC), and the twenty-ninth anniversary of
sister state relations with the Province of Taiwan in the Republic of China (Taiwan).
Sen. Tieszen moved that the Senate do concur in HCR 1007 as found on page 434 of the
House Journal.
The question being on Sen. Tieszen's motion that HCR 1007 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; Van Gerpen; Welke; White
Excused:
Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1007 was concurred in.
HCR 1008: A CONCURRENT RESOLUTION, Exposing and opposing United Nations
Agenda 21.
Sen. Rhoden moved that the Senate do concur in HCR 1008 as found on page 436 of the
House Journal and as amended on page 579 of the Senate Journal.
The question being on Sen. Rhoden's motion that HCR 1008 be concurred in as amended.
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Nays:
Bradford; Lucas
Excused:
Buhl; Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1008 was concurred in as amended.
Sen. Olson moved that the reports of the Standing Committees on
State Affairs on HB 1075 as found on page 550 of the Senate Journal; also
State Affairs on HB 1087 as found on page 551 of the Senate Journal; also
Health and Human Services on HB 1126 as found on page 551 of the Senate Journal; also
State Affairs on HB 1108 as found on page 557 of the Senate Journal; also
Transportation on HB 1144 as found on page 556 of the Senate Journal be adopted.
Which motion prevailed.
Sen. White requested that HB 1208 be removed from the Consent Calendar.
Pursuant to Senate Rule 6-1, the President removed HB 1174 from the Consent Calendar.
HB 1110: FOR AN ACT ENTITLED, An Act to provide for openness in certain electronic
records databases and to open certain information regarding electronic record systems.
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.
HB 1115: FOR AN ACT ENTITLED, An Act to clarify the deliberative process exception
to certain open records provisions.
Was read the second time.
The question being "Shall HB 1115 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.
HB 1116: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of
appointees to certain boards and commissions.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall HB 1116 pass?"
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 majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1162: FOR AN ACT ENTITLED, An Act to provide for special organ donation decals
for license plates.
Was read the second time.
The question being "Shall HB 1162 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); 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
Nays:
Begalka; Jensen
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.
HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
construct multi-use storage facilities at South Dakota State University and to make an
appropriation therefor.
Was read the second time.
The question being "Shall HB 1013 pass?"
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; Monroe; Novstrup
(Al); Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Maher; 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.
HB 1014: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
purchase a structure for use by South Dakota School of Mines and Technology and to make an
appropriation therefor.
Was read the second time.
The question being "Shall HB 1014 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of an addition, remodeling, and renovation of Medary Commons
on the campus of South Dakota State University and to make an appropriation therefor.
Was read the second time.
The question being "Shall HB 1015 pass?"
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.
HB 1016: FOR AN ACT ENTITLED, An Act to revise the location of the cow-calf
research and education unit authorized in chapter 107 of the 2012 Session Laws.
Was read the second time.
The question being "Shall HB 1016 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; 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
Nays:
Begalka
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 1049: FOR AN ACT ENTITLED, An Act to transfer the value added agriculture
subfund from the Governor's Office of Economic Development to the Department of
Agriculture.
Was read the second time.
And the roll being called:
Yeas 32, Nays 3, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Welke; White
Nays:
Brown; Otten (Ernie); Vehle
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.
HB 1112: FOR AN ACT ENTITLED, An Act to clarify the application of certain open
meetings provisions to certain three-member public boards.
Was read the second time.
The question being "Shall HB 1112 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.
HB 1217: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions
related to organ and tissue donation.
Was read the second time.
The question being "Shall HB 1217 pass as amended?"
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.
The President publicly read the title to
SB 3: FOR AN ACT ENTITLED, An Act to require the reporting of the outcomes of
certain licensure and certification examinations.
SB 14: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
automated library system fund.
SB 22: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction
and renovation of certain office buildings in Rapid City for the Department of Agriculture and
to declare an emergency.
SB 29: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to
purchase land for use by the South Dakota Army National Guard, to make an appropriation
therefor, and to declare an emergency.
SB 30: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to
construct a motor vehicle storage building in Sioux Falls, to make an appropriation therefor, and
to declare an emergency.
SB 33: FOR AN ACT ENTITLED, An Act to authorize the use of an online reverse
auction for the procurement of certain goods and services by governmental agencies.
SB 35: FOR AN ACT ENTITLED, An Act to allow the prosecution to appeal from certain
judgments of acquittal.
SB 36: FOR AN ACT ENTITLED, An Act to protect the identity of the person or entity
supplying the intravenous injection substance for executions and to increase the penalty for a
violation of those provisions.
SB 68: FOR AN ACT ENTITLED, An Act to revise the controlled substance schedule and
to declare an emergency.
SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions of the health
professionals diversion program.
SB 86: FOR AN ACT ENTITLED, An Act to increase the minimum salary payable to
county officials, state's attorneys, and sheriffs.
SB 88: FOR AN ACT ENTITLED, An Act to authorize the county to deny bids on county
sales of tax deed properties if the bidder is not current on property taxes due.
SB 103: FOR AN ACT ENTITLED, An Act to remove the required waiting period before
cremated remains may be released to be scattered.
SB 118: FOR AN ACT ENTITLED, An Act to provide for the issuance of a resident
medical license and to repeal certain resident training permits issued by the Board of Medical
and Osteopathic Examiners.
SB 181: FOR AN ACT ENTITLED, An Act to provide licensing reciprocity for social
workers.
SB 239: FOR AN ACT ENTITLED, An Act to repeal the state's membership in the
multistate tax commission.
HB 1029: FOR AN ACT ENTITLED, An Act to exempt persons hunting mountain lions
from the requirement to wear fluorescent orange exterior garments.
And signed the same in the presence of the Senate.
SC 18 Introduced by: Senators Jones, Adelstein, Bradford, Frerichs, Heineman (Phyllis),
Kirkeby, Lucas, Maher, Monroe, Sutton, Tieszen, and Welke and Representatives Ring,
Bartling, Campbell, Conzet, Duvall, Feickert, Feinstein, Gibson, Hawks, Hawley, Hunhoff
(Bernie), Killer, Kirschman, Nelson, Parsley, Peterson, Rasmussen, Schoenfish, Schrempp, Soli,
Stevens, Tulson, Tyler, Verchio, and Wismer
SC 19 Introduced by: Senators Lucas, Bradford, Frerichs, Jensen, Jones, Maher,
Rampelberg, Sutton, Tieszen, and Welke and Representatives Heinert, Bartling, Dryden,
Feickert, Feinstein, Gibson, Hawks, Hawley, Hunhoff (Bernie), Killer, Kirschman, Otten
(Herman), Parsley, Peterson, Qualm, Ring, Rounds, Schrempp, Soli, Tulson, Tyler, Verchio,
and Wismer
Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at
3:35 p.m. the Senate adjourned.