The prayer was offered by the Chaplain, Reverend Susan Carr, followed by the Pledge of
Allegiance led by Senate page Natasha Schamens.
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 thirty-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 Committee on Legislative Procedure respectfully reports that SB 34, 44, 66, 84, 120,
153, 154, 158, 166, 174, 198, and 199 were delivered to his Excellency, the Governor, for his
approval at 8:20 a.m., March 7, 2013.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 39, 59, 106, 143, and 206 and finds the same correctly
enrolled.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1045, 1050, 1085, 1096, 1098, 1122, 1137, 1164, 1165, 1168, 1171, 1184,
1212, 1220, 1233, and 1234.
I have the honor to inform your honorable body that the House has appointed Reps. Wink,
Mickelson, 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 90.
I have the honor to inform your honorable body that a change has been made in the House
Conference Committee on HB 1130. The committee should be Reps. Craig, Kopp, and Peterson.
I have the honor to inform your honorable body that the House has appointed Reps. Wink, Dryden, and Hawley 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 15.
I have the honor to inform your honorable body that the House has appointed Reps. Wink,
Dryden, and Hawley 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 28.
Sen. Rhoden moved that the Senate do not concur in House amendments to SB 195 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,
Johnston, and Frerichs.
Sen. Olson moved that the Senate do now recess until 1:15 p.m., which motion prevailed
and at 10:22 a.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 4.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 7, 2013, I approved Senate Bills 33, 35, 36,
43, 56, 64, 65, 69, 86, 88, 89, 103, and 118, and the same have been deposited in the office of
the Secretary of State.
The Conference Committee respectfully reports that it has considered SB 235 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 235 be amended as follows:
"Notwithstanding the provisions of this section, no deposit or transfer to the building South
Dakota fund may be made by the commissioner of the Bureau of Finance and Management if
the projected ongoing revenues adopted by the Legislature for the prospective fiscal year are
insufficient to accommodate:
"Section 8. The Board of Economic Development shall promulgate rules pursuant to
chapter 1-26 regarding the application process and timelines, the guidelines and criteria for
approval of applications, and the distribution of funds from the local infrastructure improvement
grant fund.
Section 9. The Board of Economic Development shall promulgate rules pursuant to chapter
1-26 regarding the application process and timelines, the guidelines and criteria for approval of
applications, and the distribution of funds from the economic development partnership fund.
Section 10. There is hereby created in the state treasury the workforce education fund to be
used for the following purposes:
"(5) "Oversight commission," the commissioners that govern the South Dakota Housing
Development Authority;
"The members shall be appointed to the board for a term of two years before the close of
each regular session of the Legislature. If there is a vacancy, the vacancy shall be filled in the
same manner as the original appointment."
"(4) "Construction date," the first date earth is excavated or a contractor has initiated work
for the purpose of constructing a new or expanded facility or the first date new
equipment is located on the project site or existing equipment is removed from the
project site for the purpose of equipment upgrades, whichever occurs first;
"Section 40. The provisions of sections 37 and 38 of this Act are effective on July 1, 2013.
Section 41. There is hereby appropriated from the general fund the sum of seven million
dollars ($7,000,000), or so much thereof as may be necessary, to the Bureau of Finance and
Management for the purpose of funding the building South Dakota fund.
Section 42. The commissioner of finance and management shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 43. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with the procedures prescribed in chapter 4-8."
The Conference Committee respectfully reports that it has considered HB 1239 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that all Senate amendments be deleted, thus restoring the bill to the House
Engrossed version.
Respectfully submitted, Respectfully submitted,
Hal Wick Ryan Maher
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered HB 1130 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do concur with the Senate amendments.
Respectfully submitted, Respectfully submitted,
Scott Craig Mark Kirkeby
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 15 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 15 be amended as follows:
The Conference Committee respectfully reports that it has considered SB 28 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 28 be amended as follows:
The Conference Committee respectfully reports that it has considered HB 1123 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1123 be amended as follows:
"Section 2. The state auditor shall approve an operating cash transfer from the Department
of Game, Fish and Parks fund established pursuant to § 41-2-34 to the state animal damage
control fund established pursuant to § 40-36-10 not to exceed one hundred sixty thousand
dollars to expand predator control services. The funds shall be repaid with interest based on the
cash flow fund rate of return not later than June 30, 2014. Funds may be used to contract for
direct aerial predator control services and to provide grants to predator control districts or other
local government entities that can provide aerial predator control or other direct predator control
services."
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that SB 10, 11, 17, 31, 55,
75, 111, 151, 185, 186, 194, and 223 were delivered to his Excellency, the Governor, for his
approval at 10:30 a.m., March 7, 2013.
Sen. Rave moved that the Senate do concur in House amendments to SB 233.
The question being on Sen. Rave's motion that the Senate do concur in House amendments
to SB 233.
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 motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
The question being on Sen. Olson's motion that the Senate do concur in House
amendments to SB 236.
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; 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;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Lucas
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Olson moved that the Senate do concur in House amendments to SB 237.
The question being on Sen. Olson's motion that the Senate do concur in House
amendments to SB 237.
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 motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.
Sen. Peters moved that the Senate do concur in House amendments to SB 51.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 51.
And the roll being called:
Yeas:
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:
Adelstein; Begalka
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. Maher moved that the Senate do not concur in House amendments to SB 76 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. Rave,
Maher, and Buhl.
Sen. Rave moved that the Senate do not concur in House amendments to SB 155 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. Krebs,
Vehle, and Lucas.
Sen. Rave moved that the Senate do not concur in House amendments to SB 159 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. White,
Soholt, and Welke.
Sen. Olson moved that the Senate do now recess until 4:00 p.m., which motion prevailed
and at 2:20 p.m., the Senate recessed.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 51, 233, 236, and 237 and finds the same correctly
enrolled.
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on HB 1239, 1130, and 1123 and SB 15 and 28.
I have the honor to inform your honorable body that the House has appointed Reps. Gosch,
Lust, and Hunhoff 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 76.
I have the honor to inform your honorable body that the House has appointed Reps. Cronin,
Munsterman, and Bartling 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 155.
I have the honor to inform your honorable body that the House has appointed Reps.
Mickelson, Sly, and Gibson 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 159.
I have the honor to inform your honorable body that the House has appointed Reps. Solum,
Qualm, 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 195.
Sen. Kirkeby moved that the Senate do concur in House amendments to SB 200.
The question being on Sen. Kirkeby's motion that the Senate do concur in House
amendments to SB 200.
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; 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:
Jones
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. Brown moved that SB 15 and 28 be placed to precede SB 147 on today's calendar.
Which motion prevailed.
Sen. Rhoden moved that the report of the Conference Committee on SB 15 as found on
page 721 of the Senate Journal be adopted.
The question being on Sen. Rhoden's motion that the report of the Conference Committee on SB 15 be adopted.
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Adelstein; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Johnston; Kirkeby;
Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie);
Peters; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Begalka; Bradford; Buhl; Frerichs; Jensen; Lucas; Rampelberg; Sutton; Welke
Excused:
Jones
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.
Sen. Rhoden moved that the report of the Conference Committee on SB 28 as found on
page 722 of the Senate Journal be adopted.
The question being on Sen. Rhoden's motion that the report of the Conference Committee
on SB 28 be adopted.
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Adelstein; Brown; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; 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; Bradford; Buhl; Holien; Jensen
Excused:
Jones
So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the report was adopted.
Sen. Tieszen moved that the report of the Conference Committee on SB 147 as found on
page 695 of the Senate Journal be adopted.
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Bradford; Kirkeby
Excused:
Jones; Rhoden
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 report of the Conference Committee on SB 5 as found on page
696 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Conference Committee
on SB 5 be adopted.
And the roll being called:
Yeas 30, Nays 1, Excused 4, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Lucas
Excused:
Frerichs; Johnston; Jones; Rhoden
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.
The question being on Sen. Hunhoff's motion that the report of the Conference Committee
on HB 1214 be adopted.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen;
Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van
Gerpen; Vehle; Welke; White
Nays:
Bradford; Frerichs; Sutton
Excused:
Jones
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 consideration of the Conference Committee report on SB 235 be
placed to follow HB 1130 on today's calendar.
Which motion prevailed.
Sen. Maher moved that the report of the Conference Committee on HB 1239 as found on
page 721 of the Senate Journal be adopted.
Sen. Rhoden moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on HB 1239 as found on page 721 of the Senate Journal and do not
appoint a new committee.
The question being on Sen. Rhoden's substitute motion to not adopt the report of the
Conference Committee on HB 1239 and to not appoint a new committee.
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Nays:
Begalka; Bradford; Buhl; Frerichs; Sutton; Tieszen; Van Gerpen; Welke
Excused:
Jones; Olson (Russell)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried, the report was not adopted, and no new committee was
appointed.
Sen. Kirkeby moved that the report of the Conference Committee on HB 1130 as found on
page 721 of the Senate Journal be adopted.
The question being on Sen. Kirkeby's motion that the report of the Conference Committee
on HB 1130 be adopted.
And the roll being called:
Yeas 27, Nays 1, Excused 7, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell);
Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Tieszen; Van Gerpen; Welke;
White
Nays:
Buhl
Excused:
Jones; Krebs; Lucas; Peters; Sutton; Tidemann; Vehle
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. 6.
The Conference Committee respectfully reports that it has considered SB 76 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Brian Gosch Timothy Rave
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 195 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
Roger Solum Larry Rhoden
House Committee Chair Senate Committee Chair
Sen. Brown moved to calendar SB 76 immediately.
Which motion prevailed.
Sen. Rave moved that the report of the Conference Committee on SB 76 as found on page
732 of the Senate Journal be adopted.
The question being on Sen. Rave's motion that the report of the Conference Committee on
SB 76 be adopted.
And the roll being called:
Yeas 28, Nays 0, Excused 7, Absent 0
Excused:
Jones; Krebs; Lucas; Peters; Sutton; Tidemann; Vehle
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. 6.
The Conference Committee respectfully reports that it has considered SB 155 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 155 and do
appoint a new committee.
Respectfully submitted, Respectfully submitted,
Justin Cronin Shantel Krebs
House Committee Chair Senate Committee Chair
The Conference Committee respectfully reports that it has considered SB 159 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 159 be amended as follows:
Sen. Olson moved that the report of the Conference Committee on SB 235 as found on
page 714 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Conference Committee
on SB 235 be adopted.
And the roll being called:
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Omdahl; Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Begalka; Otten (Ernie)
Excused:
Jones; Rave
So the motion having received an affirmative vote of a two-thirds 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. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 5, 15, 28, and 200 and finds the same correctly
enrolled.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m on
Friday, March 8, the 37th legislative day.
Which motion prevailed.
Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at
7:05 p.m. the Senate adjourned.