The prayer was offered by the Chaplain, Reverend J.P. Mosley, Jr., followed by the Pledge
of Allegiance led by Senate page Cody Stoltenburg.
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-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 6, 2013, I approved Senate Bills 7, 14, 22,
29, 30, 68, 146, 189, 190, and 204, and the same have been deposited in the office of the
Secretary of State.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 6, 2013, I approved Senate Bills 83 and 117,
and the same have been deposited in the office of the Secretary of State.
The Committee on Legislative Procedure respectfully reports that SB 1, 60, 61, 62, 71, and
80 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., March 6,
2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 10, 11, 17, 31, 55, 75, 111, 151, 185, 186, 194, and
223 and finds the same correctly enrolled.
The Committee on Local Government respectfully reports that it has had under
consideration SB 109, which was reconsidered, which was deferred to the 41st Legislative Day.
The Conference Committee respectfully reports that it has considered HB 1214 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HB 1214 and do not
appoint a new committee.
Respectfully submitted, Respectfully submitted,
Jon Hansen Jean Hunhoff
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 147 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do not concur with the House amendments to SB 147 and do not
appoint a new committee.
Respectfully submitted, Respectfully submitted,
David Lust Craig Tieszen
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 5 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 5 be amended as follows:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 39.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1045, 1098, 1233, and 1234.
I have the honor to inform your honorable body that SB 138 was tabled.
I have the honor to return herewith SB 10, 11, 17, 31, 55, 75, 111, 185, 186, 194, and 223
which have passed the House without change.
I have the honor to return herewith SB 15, 28, 51, 76, 90, 143, 155, 159, 195, 200, 206,
233, 235, 236, and 237 which have been amended by the House and your concurrence in the
amendments is respectfully requested.
Sen. Brown moved that the Senate do not concur in House amendments to SB 235 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Olson,
Rave, and Frerichs.
Sen. Krebs moved that the Senate do concur in House amendments to SB 59.
The question being on Sen. Krebs' motion that the Senate do concur in House amendments
to SB 59.
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Omdahl; Otten (Ernie); Peters;
Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke;
White
Nays:
Brown; Maher; Novstrup (Al); Olson (Russell)
Excused:
Buhl; Jensen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
The question being on Sen. Vehle's motion that the Senate do concur in House amendments
to SB 106.
And the roll being called:
Yeas 23, Nays 10, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones;
Kirkeby; Krebs; Lederman; Monroe; Novstrup (Al); Olson (Russell); Otten (Ernie);
Rampelberg; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White
Nays:
Bradford; Brown; Holien; Lucas; Maher; Omdahl; Peters; Rave; Rhoden; Van Gerpen
Excused:
Buhl; Jensen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
SR 2: 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 second time.
Sen. Sutton moved that SR 2 as found on page 663 of the Senate Journal be adopted.
The question being on Sen. Sutton's motion that SR 2 be adopted.
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); 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; Jensen
Sen. Tidemann moved that the Senate do concur in House amendments to SB 143.
The question being on Sen. Tidemann's motion that the Senate do concur in House
amendments to SB 143.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Omdahl
Excused:
Buhl; Jensen
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Tieszen moved that the Senate do concur in House amendments to SB 206.
The question being on Sen. Tieszen's motion that the Senate do concur in House
amendments to SB 206.
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); 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; Jensen
Sen. Tieszen moved that the report of the Conference Committee on SB 39 as found on
page 660 of the Senate Journal be adopted.
The question being on Sen. Tieszen's motion that the report of the Conference Committee
on SB 39 be adopted.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; 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:
Bradford
Excused:
Buhl; Jensen
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.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to inform your honorable body that the House has appointed Reps. Lust,
Cronin, and Hunhoff (Bernie) 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 235.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1123 and has appointed Reps. Mickelson, Olson, and Hawks 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 announced Sens. Maher, Olson, and Bradford as a committee of three on the
part of the Senate to meet with a like committee on the part of the House to adjust the
differences between the two houses on HB 1123.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1130 and has appointed Reps. Craig, Miller, and Peterson 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 announced Sens. Kirkeby, Adelstein, and Bradford as a committee of three
on the part of the Senate to meet with a like committee on the part of the House to adjust the
differences between the two houses on HB 1130.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1239 and has appointed Reps. Wick, Schoenfish, and Tyler 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.
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 147 and 5.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on HB 1214.
Sen. Peters moved that the Senate do not concur in House amendments to SB 15 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Rhoden,
Soholt, and Jones.
Sen. Peters moved that the Senate do not concur in House amendments to SB 28 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Rhoden,
Soholt, and Jones.
Sen. Peters moved that the Senate do not concur in House amendments to SB 90 and that
a committee of three on the part of the Senate be appointed to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Peters,
Tidemann, and Sutton.
Which motion prevailed.
The President publicly read the title to
SB 10: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of swine teaching and research facilities at South Dakota State University
and to make an appropriation therefor.
SB 11: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract
for the construction of an indoor practice and human performance facility on the campus of
South Dakota State University and to make an appropriation therefor.
SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated
natural resources conservation fund to the State Conservation Commission.
SB 31: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction
of a maintenance building and to authorize the razing of three buildings at the STAR Academy
in Custer County.
SB 55: FOR AN ACT ENTITLED, An Act to make certain form and style changes
regarding the bank franchise tax.
SB 75: FOR AN ACT ENTITLED, An Act to adopt updated guidelines for the evaluation
of permanent impairment in connection with workers' compensation claims.
SB 111: FOR AN ACT ENTITLED, An Act to amend provisions of the Uniform
Commercial Code relating to electronic funds transfers and to declare an emergency.
SB 151: FOR AN ACT ENTITLED, An Act to clarify the maintenance responsibilities on
unimproved section lines.
SB 185: FOR AN ACT ENTITLED, An Act to clarify the authority of the interim rules
review committee.
SB 186: FOR AN ACT ENTITLED, An Act to establish Good Earth State Park at Blood
Run in Lincoln County.
SB 194: FOR AN ACT ENTITLED, An Act to extend the sunset date for certain
expenditures from a school district's capital outlay fund.
HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
elections and petitions.
HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
regulation of captive insurance companies.
HB 1075: FOR AN ACT ENTITLED, An Act to revise the membership of the Legislative
Planning Committee.
HB 1087: FOR AN ACT ENTITLED, An Act to provide for the creation of school sentinel
programs and for the training of school sentinels.
HB 1124: FOR AN ACT ENTITLED, An Act to provide for the appointment of members
of the South Dakota Pulse Crops Council.
HB 1126: FOR AN ACT ENTITLED, An Act to revise the massage therapy licensing
requirements.
HB 1144: FOR AN ACT ENTITLED, An Act to permit the euthanization of wildlife that
have been seriously injured in motor vehicle accidents.
HB 1149: FOR AN ACT ENTITLED, An Act to revise and clarify requirements relating
to limits of small game and fish taken by small game hunting parties and fishing parties.
HB 1151: FOR AN ACT ENTITLED, An Act to extend general immunity from liability
for directors and officers of certain nonprofit fire and ambulance departments and to limit
certain actions for personal injury or death.
HB 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
administrative office and to the appointment and direction of the executive director of the South
Dakota Wheat Utilization, Research and Market Development Commission.
HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
filing of the certificate of limited partnerships.
HB 1167: FOR AN ACT ENTITLED, An Act to restructure the policy advisory committee
for animal damage control.
HB 1194: FOR AN ACT ENTITLED, An Act to revise the period during which fireworks
may be discharged.
HB 1198: FOR AN ACT ENTITLED, An Act to allow certain opportunity scholarship
recipients who graduate early to use the remainder of their scholarship award for graduate
studies.
HB 1246: FOR AN ACT ENTITLED, An Act to authorize certain pesticide applicators to
apply pesticide on their own property.
And signed the same in the presence of the Senate.
SC 29 Introduced by: Senators Frerichs, Begalka, Bradford, Ewing, Jones, Krebs, Lucas, Maher, Omdahl, Otten (Ernie), Rampelberg, Rhoden, Sutton, Tidemann, Vehle, Welke, and
White and Representatives Wismer, Bartling, Cammack, Craig, Feickert, Heinert, Hoffman,
Kopp, May, Olson (Betty), Otten (Herman), Qualm, Schaefer, Schoenfish, and Schrempp
SC 30 Introduced by: Senators Frerichs, Ewing, Jones, Krebs, Lucas, Maher, Novstrup
(Al), Omdahl, Otten (Ernie), Rampelberg, Soholt, Sutton, Tidemann, Vehle, and White and
Representatives Feickert, Bartling, Heinert, Hoffman, Olson (Betty), Schrempp, and Wismer
Wyoming rodeo team, the University of Wyoming equestrian team, the University of Wyoming
horse judging team, and served as an Ag Ambassador; and
SC 31 Introduced by: Senators Frerichs, Begalka, Jones, Lucas, Omdahl, Tidemann, and
Welke and Representatives Hawley, Munsterman, Peterson, and Tyler
SC 32 Introduced by: Senators Rhoden, Adelstein, Brown, Ewing, Frerichs, Hunhoff
(Jean), Jensen, Johnston, Kirkeby, Lucas, Maher, Rampelberg, Rave, Sutton, and Tieszen and
Representatives Wink, Cammack, Conzet, Dryden, Kopp, Lust, Olson (Betty), Romkema,
Schrempp, Sly, and Verchio
dedication, and support for her teammates with the ultimate goal of representing the United
States at the Olympics; and
SC 33 Introduced by: Senators Otten (Ernie), Olson (Russell), and Rave and
Representatives Otten (Herman) and Latterell
WHEREAS, Mrs. Dose received her degree from Augustana College despite many
obstacles; and
NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the
State of South Dakota, that Mrs. Renita Dose be honored for receiving School Band and
Orchestra magazine's "50 Directors Who Make a Difference" award.
SC 34 Introduced by: Senators Olson (Russell), Begalka, Brown, Ewing, Frerichs, Heineman (Phyllis), Kirkeby, Lucas, Maher, Novstrup (Al), Rave, and White and
Representatives Gosch, Bartling, Cronin, Duvall, Feickert, Hunhoff (Bernie), Olson (Betty), and
Peterson
Sen. White moved that the Senate do now adjourn, which motion prevailed and at
5:30 p.m. the Senate adjourned.