The prayer was offered by the Chaplain, Father David Hussey, followed by the Pledge of
Allegiance led by Senate page Garrett Keegan.
Roll Call: All members present except Sen. Buhl 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 thirty-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 34, 44, 66, 84, 120, 153, 154, 158, 166, 174, 198, and
199 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 6, 74, 83, 96, 115,
119, 130, 145, 156, and 227 were delivered to his Excellency, the Governor, for his approval
at 11:30 a.m., March 5, 2013.
The Conference Committee respectfully reports that it has considered SB 39 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 39 be amended as follows:
"Section 4. That § 23A-27-1.1 be amended to read as follows:
23A-27-1.1. Upon If a defendant has been convicted of an A, B, or C felony, upon request
to the court by a victim and before imposing sentence on a defendant, the victim, in the
discretion of the court, may has the right to orally address the court concerning the emotional,
physical, and monetary impact of the defendant's crime upon the victim and the victim's family,
and may comment upon the sentence which may be imposed upon the defendant.
Section 5. That § 23A-27-1.3 be amended to read as follows:
23A-27-1.3. Upon If a defendant has been convicted of an A, B, or C felony, upon request
to the court by a victim and before imposing sentence on a defendant, a victim, in the discretion
of the court, may has a right to address the court in writing concerning the emotional, physical,
and monetary impact of the defendant's crime upon the victim and the victim's family, and may
comment upon the sentence which may be imposed upon the defendant.
I have the honor to inform your honorable body that SB 180 and 216 were lost on second
reading and final passage.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1075, 1087, 1126, 1144, 1163, and 1208.
I have the honor to return herewith SB 59 and 106 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
I have the honor to return herewith SB 66, 153, 154, 158, 166, and 199 which have passed
the House without change.
I have the honor to inform your honorable body that the House has appointed Reps. Lust,
Stevens, and Heinert as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 147.
I have the honor to inform your honorable body that the House has appointed Reps.
Munsterman, Novstrup, and Parsley as a committee of three on the part of the House to meet
with a like committee on the part of the Senate to adjust the differences between the two houses
on SB 5.
I have the honor to inform your honorable body that the House has appointed Reps. Johns,
Stevens, and Killer as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 39.
Sen. Olson moved that today's calendar for second reading of House Bills be rearranged
as follows: HB 1142, 1165, 1212, 1030, 1033, 1068, 1122, 1096, 1123, 1130, 1171, 1168, 1060,
1137, 1161, 1184, 1214, 1239, 1164, 1189, and 1050.
Which motion prevailed.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:30 a.m.,
Wednesday, March 6, the 35th legislative day.
Which motion prevailed.
Sen. Sutton moved that the rules be suspended for the sole purpose of introducing, giving
first reading to, dispensing with committee referral, and placing on tomorrow's calendar SR 2
Commending the Jobs for America's Graduates (JAG) pilot program at Wagner Community
School, and honoring Sage Zephier for delivering the student address for the JAG National
Leadership Awards luncheon in Washington, D.C.
The question being on Sen. Sutton's motion that the rules be suspended for the sole purpose
of introducing, giving first reading to, dispensing with committee referral, and placing on
tomorrow's calendar SR 2 Commending the Jobs for America's Graduates (JAG) pilot program
at Wagner Community School, and honoring Sage Zephier for delivering the student address
for the JAG National Leadership Awards luncheon in Washington, D.C.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.
SR 2 Introduced by: Senators Sutton, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing, Frerichs, Holien, Johnston, Jones, Kirkeby, Krebs, Lederman, Lucas, Maher, Novstrup (Al),
Olson (Russell), Omdahl, Otten (Ernie), Rhoden, Tidemann, Van Gerpen, Vehle, Welke, and
White
A RESOLUTION, Commending the Jobs for America's Graduates (JAG) pilot program at
Wagner Community School, and honoring Sage Zephier for delivering the student address for
the JAG National Leadership Awards Luncheon in Washington, D.C.
Was read the first time, the President waived the referral to committee, and placed SR 2
on the calendar of Wednesday, March 6, the 35th legislative day.
SCR 4: A CONCURRENT RESOLUTION, Making a formal application to Congress to
call a limited constitutional convention for the sole purpose of proposing for ratification an
amendment to the Constitution providing that an increase in the federal debt requires approval
from a majority of the legislatures of the separate states.
Was read the second time.
Sen. Lederman moved that the rules be suspended for the sole purpose of introducing,
giving first reading to, dispensing with committee referral, and placing on today's calendar for
immediate consideration SCR 4.
The question being on Sen. Lederman's motion that the rules be suspended for the sole
purpose of introducing, giving first reading to, dispensing with committee referral, and placing
on today's calendar for immediate consideration SCR 4.
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; 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:
Bradford
Excused:
Buhl
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.
SCR 4: A CONCURRENT RESOLUTION, Making a formal application to Congress to
call a limited constitutional convention for the sole purpose of proposing for ratification an
amendment to the Constitution providing that an increase in the federal debt requires approval
from a majority of the legislatures of the separate states.
Having had its second reading was up for consideration
Sen. Lederman moved that SCR 4 be adopted.
The question being on Sen. Lederman's motion that SCR 4 be adopted.
And the roll being called:
Yeas:
Heineman (Phyllis); Holien; Johnston; Lederman; Maher; Novstrup (Al); Omdahl
Nays:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Hunhoff (Jean); Jensen; Jones; Kirkeby;
Krebs; Lucas; Monroe; Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden;
Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Olson announced his intention to reconsider the vote by which HB 1085 lost.
Sen. Olson moved that the Senate do now reconsider the vote by which HB 1085 lost.
The question being on Sen. Olson's motion to reconsider the vote by which HB 1085 lost.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HB 1085 was up for reconsideration and final
passage.
HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
notice given to municipalities and counties for bingo games and lotteries.
Having had its second reading was up for reconsideration and final passage.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Bradford; Brown; 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; Vehle; Welke; White
Nays:
Adelstein; Begalka; Otten (Ernie)
Excused:
Buhl
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. Vehle moved that the report of the Conference Committee on SB 151 as found on
page 640 of the Senate Journal be adopted.
The question being on Sen. Vehle's motion that the report of the Conference Committee
on SB 151 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Olson moved that the reports of the Standing Committees on
Commerce and Energy on HB 1142 as found on page 635 of the Senate Journal; also
Appropriations on HB 1184 as found on page 635 of the Senate Journal; also
State Affairs on HB 1165 as found on page 636 of the Senate Journal; also
State Affairs on HB 1212 as found on page 638 of the Senate Journal; also
Health and Human Services on HB 1214 as found on page 639 of the Senate Journal; also
State Affairs on HB 1220 as found on page 638 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive reappointment of James C.
Roby of Codington County, Watertown, South Dakota, to the South Dakots Building Authority.
The question being "Does the Senate advise and consent to the executive reappointment
of James C. Roby pursuant to the executive message as found on page 442 of the Senate
Journal?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Olson (Russell)
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
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 second time.
The question being "Shall HB 1220 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Olson (Russell)
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 1142: FOR AN ACT ENTITLED, An Act to promote patient choice in selecting health
care providers.
Was read the second time.
The question being "Shall HB 1142 pass as amended?"
And the roll being called:
Yeas 11, Nays 23, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Holien; Jensen; Maher; Novstrup (Al); Olson (Russell); Omdahl;
Tieszen; Vehle
Excused:
Buhl
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
agricultural land task force.
Was read the second time.
The question being "Shall HB 1165 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; 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:
Brown
Excused:
Buhl
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 1212: FOR AN ACT ENTITLED, An Act to increase the expense allowances of
legislators.
Was read the second time.
The question being "Shall HB 1212 pass as amended?"
Yeas 18, Nays 15, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Frerichs; Heineman (Phyllis); Holien; Jensen; Jones; Lederman;
Maher; Novstrup (Al); Peters; Rave; Rhoden; Sutton; Tidemann; Tieszen; Vehle
Nays:
Brown; Ewing; Hunhoff (Jean); Johnston; Kirkeby; Krebs; Lucas; Monroe; Omdahl; Otten
(Ernie); Rampelberg; Soholt; Van Gerpen; Welke; White
Excused:
Buhl; Olson (Russell)
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 1030: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building
Authority to finance the construction of improvements in the state park system for the
Department of Game, Fish and Parks and to declare an emergency.
Was read the second time.
The question being "Shall HB 1030 pass as amended?"
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke
Nays:
Maher; Monroe; Peters; White
Excused:
Buhl; Rave
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.
Was read the second time.
The question being "Shall HB 1033 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; Krebs; Lederman; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rampelberg; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Bradford; Frerichs; Jones; Lucas; Maher; Sutton; Welke
Excused:
Buhl; Rave
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 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
deferral of action by municipalities on committee reports.
Was read the second time.
The question being "Shall HB 1068 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; 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:
Adelstein
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 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to
health insurance plans for county officers and employees.
Was read the second time.
The question being "Shall HB 1122 pass as amended?"
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Peters
Excused:
Buhl
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 1096: FOR AN ACT ENTITLED, An Act to provide for the transfer and appropriation of funds upon the occurrence of certain events and to assist rural counties in the recruitment of attorneys.
The question being "Shall HB 1096 pass as amended?"
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell);
Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Nays:
Adelstein; Ewing; Jensen; Omdahl; Otten (Ernie); Rave
Excused:
Buhl; 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.
HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting
licenses.
Was read the second time.
"Section 2. There is hereby appropriated from the general fund the sum of three hundred
thousand dollars ($300,000), or so much thereof as may be necessary, to the animal damage
control fund administered by the Department of Game, Fish, and Parks to expand predator
control services.
Section 3. The Department of Game, Fish, and Parks may contract for direct aerial predator
control services or provide grants to predator control districts or other local government entities
that can provide aerial predator control or other direct predator control services.
Section 4. The secretary of the Department of Game, Fish, and Parks shall approve vouchers
and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 6. 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."
The question being "Shall HB 1123 pass as amended?"
And the roll being called:
Yeas 26, Nays 8, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Johnston; Kirkeby; Krebs;
Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Otten (Ernie); Peters; Rampelberg;
Rave; Rhoden; Soholt; Sutton; Tidemann; Van Gerpen; Vehle; Welke; White
Nays:
Bradford; Holien; Hunhoff (Jean); Jensen; Jones; Lucas; Omdahl; Tieszen
Excused:
Buhl
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
HB 1130: FOR AN ACT ENTITLED, An Act to define certain terms relating to bail bonds.
Was read the second time.
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Adelstein; Frerichs; Lucas; Sutton
Excused:
Buhl
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 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy
levy.
Was read the second time.
The question being "Shall HB 1171 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Welke; White
Nays:
Brown; Monroe; Novstrup (Al); Vehle
Excused:
Buhl
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1168 pass as amended?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones;
Kirkeby; Krebs; Lederman; Lucas; Maher; Olson (Russell); Otten (Ernie); Rave; Rhoden;
Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Brown; Ewing; Holien; Jensen; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg
Excused:
Buhl
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 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2013.
Was read the second time.
The question being "Shall HB 1060 pass as amended?"
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Begalka; Jensen; Otten (Ernie)
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 1137: FOR AN ACT ENTITLED, An Act to impact education in South Dakota.
Was read the second time.
Section 2. There is hereby appropriated from the general fund the sum of five million eight
hundred twenty-nine thousand three hundred eighteen dollars ($5,829,318) or so much thereof
as may be necessary, to the Department of Education for a one-time payment to school districts.
The Secretary of Education shall distribute this funding based on actual fall student enrollment
in fiscal year 2012.
Section 3. There is hereby appropriated from the general fund the sum of one hundred
thousand dollars ($100,000) or so much thereof as may be necessary, to the Department of
Education to fund the Teach for America grant program.
Section 4. The secretary of the Department of Education shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized in this Act.
Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with § 4-8.
Section 6. 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."
Sen. Olson moved the previous question.
Which motion prevailed.
Sen. Lucas requested a roll call vote.
Which request was supported.
The question being on Sen. Lucas's substitute motion that HB 1137 be amended.
And the roll being called:
Yeas 9, Nays 25, Excused 1, Absent 0
Yeas:
Begalka; Bradford; Frerichs; Jones; Lucas; Otten (Ernie); Sutton; Tieszen; Welke
Nays:
Adelstein; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Peters;
Rampelberg; Rave; Rhoden; Soholt; Tidemann; Van Gerpen; Vehle; White
Excused:
Buhl
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Sen. Rave moved the previous question.
Which motion prevailed.
Which request was supported.
The question being on Sen. Johnston's motion that SB 1137 be amended.
And the roll being called:
Yeas 27, Nays 7, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Van Gerpen; Vehle; White
Nays:
Bradford; Frerichs; Lucas; Sutton; Tidemann; Tieszen; Welke
Excused:
Buhl
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 HB 1137 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Tieszen
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 1161: FOR AN ACT ENTITLED, An Act to establish and provide certain incentives
for projects that create new jobs or promote economic activity and to establish the rural
economic development partnership program.
Was read the second time.
Sen. Rave moved that HB 1161 be laid on the table.
The question being on Sen. Rave's motion that HB 1161 be laid on the table.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
HB 1184: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department
of Game, Fish and Parks to fund certain improvements to the state park system.
Was read the second time.
The question being "Shall HB 1184 pass as amended?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Jones; Maher
Excused:
Buhl
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 1214: FOR AN ACT ENTITLED, An Act to expand Medicaid eligibility for pregnant
women and to make an appropriation therefor.
Was read the second time.
"Section 6. 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."
The question being "Shall HB 1214 pass as amended?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Nays:
Jensen; Otten (Ernie); Rampelberg; Rhoden
Excused:
Buhl
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
HB 1239: FOR AN ACT ENTITLED, An Act to authorize school districts to use certain
tax levies for pension and health insurance purposes.
Was read the second time.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by
June 30, 2013, shall revert in accordance with § 4-8.
Section 4. 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."
The question being "Shall HB 1239 pass as amended?"
And the roll being called:
Yeas 28, Nays 5, Excused 2, Absent 0
Yeas:
Adelstein; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl;
Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke;
White
Nays:
Begalka; Bradford; Frerichs; Lucas; Van Gerpen
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed.
Was read the second time.
Sen. Heineman's amendment as amended prevailed on a voice vote.
The question being "Shall HB 1164 pass as amended?"
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
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 1189: FOR AN ACT ENTITLED, An Act to permit townships to levy a capital
improvement property tax for highways, secondary roads, bridges, and culverts.
Was read the second time.
The question being "Shall HB 1189 pass as amended?"
And the roll being called:
Yeas 19, Nays 15, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Jensen; Johnston; Jones; Kirkeby; Krebs;
Lederman; Maher; Novstrup (Al); Omdahl; Rave; Sutton; Tieszen; Van Gerpen; Welke
Nays:
Brown; Heineman (Phyllis); Holien; Hunhoff (Jean); Lucas; Monroe; Olson (Russell); Otten
(Ernie); Peters; Rampelberg; Rhoden; Soholt; Tidemann; Vehle; White
Excused:
Buhl
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
HB 1050: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related
to the suppression of mountain pine beetles, to establish a cost share program with the counties
in the state, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1050 pass as amended?"
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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
Excused:
Buhl
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.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to inform your honorable body that SB 114 was lost on second reading
and final passage.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 151.
I have the honor to inform your honorable body that SJR 2 was lost on second reading and
final passage.
I have the honor to inform your honorable body that SB 136 was tabled.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1214 and has appointed Reps. Hansen, Hunhoff (Bernie), and Westra
as a committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President publicly read the title to
SB 34: FOR AN ACT ENTITLED, An Act to provide for the sale of the state's interests
in certain real estate and improvements located at the Human Services Center campus.
SB 44: FOR AN ACT ENTITLED, An Act to allow disqualification of commercial driver
licenses for violations of federal, state, or local texting bans while driving a commercial vehicle
to comply with federal regulations and requirements.
SB 66: FOR AN ACT ENTITLED, An Act to revise the style and form of certain
provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete
and unnecessary provisions pertaining to the Real Estate Commission.
SB 84: FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic
Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts
competitions and sparring exhibitions in the state.
SB 120: FOR AN ACT ENTITLED, An Act to revise provisions related to consent to
sexual activity.
SB 153: FOR AN ACT ENTITLED, An Act to clarify, remove inconsistencies from, and
revise certain provisions relating to the formation and operation of watershed districts.
SB 154: FOR AN ACT ENTITLED, An Act to revise the maximum weight allowed on
certain wide-based super single tires.
SB 158: FOR AN ACT ENTITLED, An Act to provide for the funding of educational
programs for children in residential treatment centers, intensive residential treatment centers,
or licensed group care centers.
SB 166: FOR AN ACT ENTITLED, An Act to revise the number of years that permits to
carry a concealed weapon are valid.
SB 198: FOR AN ACT ENTITLED, An Act to revise the membership of the Judicial
Qualifications Commission.
SB 199: FOR AN ACT ENTITLED, An Act to exempt certain property used for
educational purposes from taxation.
HB 1048: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions
related to the Department of Agriculture.
HB 1056: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions.
HB 1058: FOR AN ACT ENTITLED, An Act to repeal and revise certain statutes related
to the Animal Industry Board.
HB 1120: FOR AN ACT ENTITLED, An Act to allow regional intergovernmental
cooperation for sewer utilities and to provide for the establishment of rates and charges.
HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions for a secondary
election if the candidates for the United States Senate, United States House of Representatives,
or Governor do not receive a sufficient percentage of the votes cast during a primary election.
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.
HB 1237: FOR AN ACT ENTITLED, An Act to revise certain provisions to abortion
counseling.
And signed the same in the presence of the Senate.
SC 23 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), Omdahl,
and Rave and Representatives Otten (Herman) and Latterell
SC 24 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), Omdahl,
and Rave and Representatives Otten (Herman) and Latterell
SC 25 Introduced by: Senator Lederman and Representatives Bolin and Miller
SC 26 Introduced by: Senator Lederman and Representatives Miller and Bolin
SC 27 Introduced by: Senators Otten (Ernie), Brown, Monroe, Olson (Russell), and Rave
and Representatives Otten (Herman) and Latterell
Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at
7:35 p.m. the Senate adjourned.