The prayer was offered by the Chaplain, Reverend Paul Bly, followed by the Pledge of
Allegiance led by Senate page Joshua Utterback.
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-sixth 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 8, 2013, I approved Senate Bills 6, 74, 96,
119, 130, 133, 139, 145, 156, 168, 174, 181, 199, 205, 227, and 239, and the same have been
deposited in the office of the Secretary of State.
The Conference Committee respectfully reports that it has considered SB 90 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 90 be amended as follows:
"Section 10. That section 14 of chapter 30 of the 2012 Session Laws be amended to read
as follows:
Adjust all totals accordingly.
Section 11. That section 14 of chapter 30 of the 2012 Session Laws be amended by adding
a NEW SECTION to read as follows:
BOARD OF REGENTS
(8A) Nonrecurring Agricultural Experiment Station Research Pool
Personal Services $0 $0 $0 $0
Operating Expenses $500,000 $0 $0 $500,000
TOTAL $500,000 $0 $0 $500,000
F.T.E. 0.0
Adjust all totals accordingly.
Section 12. That chapter 30 of the 2012 Session Laws be amended by adding a NEW
SECTION to read as follows:
Section 13. That section 6 of chapter 41 of the 2012 Session Laws be amended to read as
follows:
Section 6. The funds in section 7 of this Act which are unspent at the end of fiscal year 2012
may be carried over to the next fiscal year provisions of § 4-8-19 do not apply to the funds in
section 7 of this Act."
"Section 12. The sum of nine hundred eighty-three thousand six hundred forty-nine dollars
($983,649) in the general fund on June 30, 2013, shall be obligated and committed for the
purposes of future appropriations in FY2014. The provisions of §§ 4-7-32 and 4-7-39 do not
apply to these funds.
Section 13. Notwithstanding section 145 of HB 1060 as previously enacted by the Eighty-Eighth Legislature, up to twenty million dollars ($20,000,000) in general funds appropriated in subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which are unspent at the end of fiscal year 2013 may be carried over to fiscal year 2014 for medical and adult services. Any
additional unspent general funds shall revert in accordance with chapter 4-8. Federal and other
funds appropriated in subsection (3) of section 8 of chapter 30 of the 2012 Session Laws which
are unspent at the end of fiscal year 2013 may be carried over to fiscal year 2014 for medical
and adult services."
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed
Reps. Gosch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet
with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine
die for the Eighty-eighth Legislative Session.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed
Reps. Gosch, Lust, and Bernie 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 wait upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to
ascertain if he has any further communications to make to the Legislature.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 90.
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on SB 159 and no new committee was appointed.
I have the honor to inform your honorable body that the House has failed to adopt the
report of the Conference Committee on SB 155 and no new committee was appointed.
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committees on SB 76, 195, and 235.
SENATE PAGE RESOLUTION 5 Introduced by: Senators 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
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-eighth
Legislature of the State of South Dakota to Josiah Aberson, Frae Binder, Garrett Keegan,
Natasha Schamens, Cody Stoltenburg, Joshua Utterback
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-eighth
Legislative Session; and
WHEREAS, the members of the Eighty-eighth Senate express their most sincere
appreciation to these young people for their service to the state; and
WHEREAS, the members extend to these young people their wishes for every success in
life:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-eighth Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen Kirkeby moved that Senate Page Resolution 5 be adopted.
The question being on Sen. Kirkeby's motion the Senate Page Resolution 5 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Olson moved 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 wait upon his Excellency, the Governor, to
inform him that the Legislature has completed its labors and is ready to adjourn sine die and to
ascertain if he has any further communications to make to the Legislature.
Which motion prevailed and the President announced as such committee Sens. Olson,
Rave, and Frerichs.
Sen. Olson moved 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 fix the time of adjournment sine die for the
Eighty-eighth Legislative Session.
Which motion prevailed and the President announced as such committee Sens. Olson,
Rave, and Frerichs.
Sen. Peters moved that the report of the Conference Committee on SB 90 as found on page
738 of the Senate Journal be adopted.
The question being on Sen. Peters' motion that the report of the Conference Committee on
SB 90 be adopted.
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
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; Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
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. Krebs moved that the report of the Conference Committee on SB 155 as found on
page 733 of the Senate Journal be adopted.
Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 155 as found on page 738 of the Senate Journal and do not
appoint a new committee.
The question being on Sen. Brown's substitute motion to not adopt the report of the
Conference Committee on SB 155 and to not appoint a new committee.
And the roll being called:
Yeas 27, Nays 0, Excused 8, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie);
Rampelberg; Rave; Rhoden; Soholt; Tieszen; Vehle; Welke; White
Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen
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. White moved that the report of the Conference Committee on SB 159 as found on
page 733 of the Senate Journal be adopted.
Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 159 as found on page 733 of the Senate Journal and do not
appoint a new committee.
The question being on Sen. Brown's substitute motion to not adopt the report of the
Conference Committee on SB 159 and to not appoint a new committee.
And the roll being called:
Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Omdahl; Otten (Ernie);
Rampelberg; Rave; Rhoden; Soholt; Tieszen; Vehle; Welke; White
Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen
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. Rhoden moved that the report of the Conference Committee on SB 195 as found on
page 732 of the Senate Journal be adopted.
The question being on Sen. Rhoden's motion that the report of the Conference Committee
on SB 195 be adopted.
And the roll being called:
Yeas 25, Nays 2, Excused 8, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Holien; Hunhoff (Jean); Jensen; Johnston;
Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Rampelberg; Rave;
Rhoden; Soholt; Tieszen; Vehle; Welke
Nays:
Omdahl; Otten (Ernie)
Excused:
Adelstein; Heineman (Phyllis); Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen; White
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. Maher moved that the report of the Conference Committee on HB 1123 as found on
page 722 of the Senate Journal be adopted.
The question being on Sen. Maher's motion that the report of the Conference Committee
on HB 1123 be adopted.
Yeas 18, Nays 8, Excused 9, Absent 0
Yeas:
Begalka; Bradford; Brown; Ewing; Frerichs; Jensen; Johnston; Kirkeby; Krebs; Lederman;
Lucas; Maher; Olson (Russell); Otten (Ernie); Rave; Rhoden; Soholt; Vehle
Nays:
Buhl; Holien; Hunhoff (Jean); Monroe; Omdahl; Rampelberg; Tieszen; Welke
Excused:
Adelstein; Heineman (Phyllis); Jones; Novstrup (Al); Peters; Sutton; Tidemann; Van Gerpen;
White
So the motion not having received an affirmative vote of a two-thirds majority of the
members-elect, the President declared the motion lost.
Sen. Olson announced his intention to reconsider the vote by which HB 1123 lost.
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 76 and 235 and finds the same correctly enrolled.
The President publicly read the title to
SB 5: FOR AN ACT ENTITLED, An Act to establish the public purpose and goals of
postsecondary education, to provide for the funding of higher education, and to create the
Council on Higher Education Policy Goals, Performance, and Accountability.
SB 28: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general
fund of a school district.
SB 39: FOR AN ACT ENTITLED, An Act to establish a penalty for a juvenile convicted
as an adult of a Class A or B felony and allow a sentence of up to life imprisonment after a
sentencing hearing.
SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
application of the collection allowance credit for collecting the sales tax.
SB 59: FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas
field wastes.
SB 76: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating
to funding in the Governor's Office of Economic Development for the purpose of enhancing
military value of Ellsworth Air Force Base, and to declare an emergency.
SB 90: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Acts for
fiscal years 2012 and 2013.
SB 106: FOR AN ACT ENTITLED, An Act to prohibit certain minors from using wireless
communication devices while operating motor vehicles upon the public highways.
SB 143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
informational directional signing on the interstate right-of-way.
SB 195: FOR AN ACT ENTITLED, An Act to revise the distribution of the wind energy
tax.
SB 200: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
campaign finance.
SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability
and to worker's compensation and disability payments for law enforcement officers performing
duties in other jurisdictions.
SB 233: FOR AN ACT ENTITLED, An Act to create the critical teaching needs
scholarship program, to make an appropriation to the education enhancement trust fund to
provide for the annual funding of the scholarships, and to declare an emergency.
SB 235: FOR AN ACT ENTITLED, An Act to create the building South Dakota fund and certain other funds and programs to enhance economic development and education, to make certain deposits and transfers, to make continuous appropriations, to revise certain education
funding to support economic development, to make an appropriation therefor, and to declare
an emergency.
SB 236: FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents
to fund the expansion of information systems programs and cyber security programs at Dakota
State University, and to declare an emergency.
SB 237: FOR AN ACT ENTITLED, An Act to appropriate funds for deposit into the need-based grant fund, to provide for annual funding of the need-based grant fund with a portion of
the funds received from the education enhancement trust fund, and to declare an emergency.
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.
HB 1033: FOR AN ACT ENTITLED, An Act to authorize the Department of Social
Services to dismantle, demolish, preserve, or rehabilitate buildings on the Human Services
Center campus in Yankton, South Dakota, to make an appropriation therefor, and to declare an
emergency.
HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
alternative apportionment methods available for determination of the bank franchise tax.
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.
HB 1060: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act
for fiscal year 2013.
HB 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
deferral of action by municipalities on committee reports.
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.
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.
HB 1098: FOR AN ACT ENTITLED, An Act to require the Legislature to approve bonds
for lease purchase agreements with the four postsecondary technical institutes, and to approve
bonds for lease purchase agreements with Western Dakota Technical Institute and Southeast
Technical Institute.
HB 1122: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to
health insurance plans for county officers and employees.
HB 1164: FOR AN ACT ENTITLED, An Act to establish a classroom innovation grant
program and to make an appropriation therefor.
HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
agricultural land task force.
HB 1168: FOR AN ACT ENTITLED, An Act to increase certain levies relating to predator
control districts.
HB 1171: FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy
levy.
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.
HB 1212: FOR AN ACT ENTITLED, An Act to increase the expense allowances of
legislators.
HB 1220: FOR AN ACT ENTITLED, An Act to permit the use of golf carts under certain
circumstances within state parks or recreation areas.
HB 1233: FOR AN ACT ENTITLED, An Act to grant limited immunity for the provision
of voluntary medical services under certain circumstances.
HB 1234: FOR AN ACT ENTITLED, An Act to provide a limited exception to the
provisions that exempt sport shooting ranges from the public nuisance laws and to declare an
emergency.
And signed the same in the presence of the Senate.
Sen. Rhoden moved that the Senate do now recess until 5:30 p.m., which motion prevailed
and at 2:12 p.m., the Senate recessed.
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 90 and 195 and finds the same correctly enrolled.
Sen. Brown moved that the Senate do now recess until 9:00 p.m., which motion prevailed
and at 5:51 p.m., the Senate recessed.
Sen. Brown moved that the Senate do now recess until 10:30 p.m., which motion prevailed
and at 9:07 p.m. , the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to transmit herewith HB 1185 which has passed the House and your
favorable consideration is respectfully requested.
Earlier today, Sen. Olson announced his intention to reconsider the vote by which the
motion to adopt the Conference Committee report on HB 1123 lost.
The question being on Sen. Olson's motion to reconsider the vote by which the motion to
adopt the Conference Committee report on HB 1123 lost.
And the roll being called:
Yeas 32, Nays 3, Excused 0, 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; White
Nays:
Bradford; Buhl; Welke
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the motion to adopt the Conference Committee report
on HB 1123 was up for reconsideration and final passage..
Sen. Maher moved that the report of the Conference Committee on HB 1123 as found on
page 722 of the Senate Journal be adopted.
The question being on Sen. Maher's motion that the report of the Conference Committee
on HB 1123 be adopted.
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; Lucas; Maher; Monroe;
Novstrup (Al); Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Omdahl
HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
Was read the first time.
HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
"(1A) Nonrecurring Provider Allocation
Personal Services $0 $0 $0 $0
Operating Expenses $2,097,960 $2,482,739 $0 $4,580,699
TOTAL $2,097,960 $2,482,739 $0 $4,580,699
F.T.E. 0.0
The moneys appropriated by this subsection shall be distributed to long term care providers,
community mental health providers, and community support to providers on a nonrecurring
basis.
Adjust all totals accordingly.".
"(3) Nonrecurring State Aid to Education
Personal Services $0 $0 $0 $0
Operating Expenses $2,097,959 $0 $0 $2,097,959
Adjust all totals accordingly."
Sen. Sutton requested a roll call vote.
Which request was supported.
The question being on Sen. Sutton's motion that HB 1185 be amended.
And the roll being called:
Yeas 8, Nays 27, Excused 0, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Frerichs; Jones; Lucas; Sutton; Welke
Nays:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston;
Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten
(Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle;
White
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; 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; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; White
Nays:
Buhl; Frerichs; Jones; Welke
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
HB 1123: FOR AN ACT ENTITLED, An Act to increase the surcharge on certain hunting
licenses for predator control purposes, approve temporary funding provisions relating to
predator control, and to declare an emergency.
HB 1130: FOR AN ACT ENTITLED, An Act to define certain terms relating to bail
bonds.
HB 1185: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary
expenses of the legislative, judicial, and executive departments of the state, the expenses of state
institutions, interest on the public debt, and for common schools.
And signed the same in the presence of the Senate.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that SB 5, 15, 28, 39, 51, 59,
76, 90, 106, 143, 195, 200, 206, 233, 235, 236, and 237 were delivered to his Excellency, the
Governor, for his approval at 10:45 p.m., March 8, 2013.