The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge
of Allegiance led by Senate page Eli McGehee.
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-seventh day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on SB 143.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1042, 1093, 1139, 1152, 1202, 1233, 1240, and 1248.
I have the honor to inform your honorable body that the House has appointed
Reps. Dykstra, Heineman, and Halverson 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 157.
I have the honor to inform your honorable body that the House has appointed
Reps. O'Brien, Cutler, and Gillespie 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 67.
I have the honor to inform your honorable body that the House has appointed Reps. Cutler,
O'Brien, and Haley 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 43.
I have the honor to inform your honorable body that the House has appointed Reps. Klaudt,
Putnam, and Dennert 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 6.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1222 and has appointed Reps. O'Brien, Murschel, and Gillespie 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 as such committee Sens. Ed Olson, Bogue, and Two Bulls.
Sen. Bogue moved that the Senate do now recess until 10:30 a.m., which motion prevailed
and at 9:43 a.m., the Senate recessed.
Mr. President and Members of the Senate:
I have the honor to inform you that on March 2, 2005, I approved Senate Bills 23, 24, 25,
26, 34, 48, 51, 76, 78, 83, 85, 93, 94, 97, 100, 116, 135, 155, and 163, and the same have been
deposited in the office of the Secretary of State.
Sen. Bogue moved that the Senate do now recess until 1:00 p.m., which motion prevailed
and at 10:45 a.m., the Senate recessed.
The Senate proceeded to the reconsideration of HB 1100 pursuant to the veto of the
Governor and the veto message found on page 706 of the House Journal as provided in Article
IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall HB 1100 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent 0
Yeas:
Apa; Bartling; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary);
Hundstad; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf;
Peterson (Jim); Sutton (Dan); Two Bulls
Nays:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Kelly; Knudson; Kooistra; Olson
(Ed); Schoenbeck; Smidt; Sutton (Duane)
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the bill lost, sustaining the Governor's veto.
Sen. McNenny announced his intention to reconsider the vote by which HB 1100 lost.
The Senate proceeded to the reconsideration of HB 1181 pursuant to the veto of the
Governor and the veto message found on page 708 of the House Journal as provided in Article
IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall HB 1181 pass, the veto of the Governor notwithstanding?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, Absent 0
Yeas:
Adelstein; Apa; Bartling; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield;
Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz;
McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton
(Dan); Sutton (Duane); Two Bulls
Nays:
Abdallah; Bogue; Duniphan; Kelly; Knudson; Olson (Ed)
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 17, 35, 60, 95, 109, 119, 139, 143, 144, 178, 183, 191,
and 193 and finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 36, 58, 72, 96, 98,
and 220 were delivered to his Excellency, the Governor, for his approval at 8:45 a.m., March 3,
2005.
HCR 1018:
A CONCURRENT RESOLUTION,
Requesting South Dakota's Congressional
delegation and the United States Congress to support federal multi-emission reduction
legislation.
Was read the second time.
Sen. Jim Peterson moved that the Senate do concur in HCR 1018 as found on page 684 of
the House Journal.
The question being on Sen. Peterson's motion that the Senate do concur in HCR 1018.
And the roll being called:
Yeas 27, Nays 0, Excused 8, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gray; Greenfield;
Hansen (Tom); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz;
McCracken; McNenny; Moore; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two
Bulls
Excused:
Bartling; Earley; Gant; Hanson (Gary); Napoli; Nesselhuf; Smidt; Sutton (Duane)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1018 was concurred in.
HCR 1019:
A CONCURRENT RESOLUTION,
Setting forth certain legislative policy
recommendations to the secretary of the Department of Game, Fish and Parks regarding ongoing
efforts to improve communications and to resolve complaints among landowners, sportsmen, and
the department.
Was read the second time.
Sen. Duenwald moved that the Senate do concur in HCR 1019 as found on page 686 of the
House Journal.
The question being on Sen. Duenwald's motion that the Senate do concur in HCR 1019.
And the roll being called:
Yeas 25, Nays 1, Excused 9, Absent 0
Nays:
Lintz
Excused:
Apa; Bartling; Earley; Gant; Greenfield; Hanson (Gary); Napoli; Smidt; Sutton (Duane)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1019 was concurred in.
Sen. Schoenbeck moved that the report of the Conference Committee on SB 43 as found
on page 755 of the Senate Journal be adopted.
The question being on Sen. Schoenbeck's motion that the report of the Conference
Committee on SB 43 be adopted.
And the roll being called:
Yeas 26, Nays 0, Excused 9, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gray; Hansen (Tom);
Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny;
Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls
Excused:
Apa; Bartling; Earley; Gant; Greenfield; Hanson (Gary); Napoli; Smidt; Sutton (Duane)
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. Bogue moved that the Senate do now recess until 3:00 p.m., which motion prevailed
and at 1:40 p.m., the Senate recessed.
The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant
to the Governor's veto of SB 99, sustained that veto and delivered the same to his Excellency,
the Secretary of State, for filing at 10:00 a.m., March 3, 2005.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1067 and has appointed Reps. Rhoden, Deadrick, and Hargens 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 as such committee Sens. Knudson, Moore, and Bogue.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1220 and has appointed Reps. Rhoden, McLaughlin, and Glenski 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 as such committee Sens. Knudson, Moore, and Napoli.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1260 and has appointed Reps. Hunt, Garnos, and Hargens 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 as such committee Sens. Koskan, Knudson, and Dan Sutton.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1004, 1122, 1149, 1170, 1212, 1226, 1252, 1261, and 1264.
I have the honor to return herewith SCR 7 in which the House has concurred.
I have the honor to transmit herewith HCR 1021 which has been adopted by the House and
your concurrence is respectfully requested.
HCR 1021:
A CONCURRENT RESOLUTION,
Supporting the construction of an outdoor
facility for Native American performing arts and competitive events.
Was read the first time.
The President announced the waiving of the committee referral and placed HCR 1021 on
the calendar of Friday, March 4, the 39th legislative day.
Sen. Bogue moved that the Senate do now recess until 4:30 p.m., which motion prevailed
and at 3:12 p.m., the Senate recessed.
Earlier, Sen. McNenny announced his intention to reconsider the vote by which HB 1100
lost.
No member moved to reconsider the vote by which HB 1100 lost.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1058 and 1082.
The President publicly read the title to
SB 17:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
authority of the Public Utilities Commission with regard to wind energy facilities.
SB 35:
FOR AN ACT ENTITLED, An Act to
authorize the Board of Regents to construct
a replacement manager's dwelling at the Cottonwood Research Station, to dispose of the
existing dwelling on this site, and to make an appropriation therefor.
SB 60:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to child
support.
SB 95:
FOR AN ACT ENTITLED, An Act to
authorize account wagering and multi-
jurisdictional simulcasting and interactive wagering totalizator hubs and to revise certain
provisions regarding pari-mutuel racing.
SB 109:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
modification of credit card agreements.
SB 119:
FOR AN ACT ENTITLED, An Act to
authorize the transfer of a motor vehicle
title to satisfy an unpaid motor vehicle repair bill under certain conditions.
SB 139:
FOR AN ACT ENTITLED, An Act to
establish certain requirements for insurance
policies covering certain long-term care services.
SB 143:
FOR AN ACT ENTITLED, An Act to
adopt the Uniform Environmental
Covenants Act.
SB 144:
FOR AN ACT ENTITLED, An Act to
limit the personal liability of persons in
professional corporations and limited liability companies.
SB 183:
FOR AN ACT ENTITLED, An Act to
provide for the conveyance of certain lands
dedicated to public purposes that have become impossible or impractical.
SB 191:
FOR AN ACT ENTITLED, An Act to
establish certain conditions related to the
issuance of hunting and fishing licenses.
SB 193:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
performance of abortions on unemancipated minors and those found to be incompetent.
HB 1024:
FOR AN ACT ENTITLED, An Act to
make an appropriation to the Board of
Regents to cover certain cost increases affecting construction of the Lee Medicine and Science
Hall renovation or replacement project at the University of South Dakota and to declare an
emergency.
HB 1180:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning
business improvement districts and to exempt general occupational tax receipts from the sales
and gross receipts taxes.
HB 1262:
FOR AN ACT ENTITLED, An Act to
provide a partial exemption to the
assessment of certain power generation facilities for property tax purposes.
HB 1263:
FOR AN ACT ENTITLED, An Act to
revise the definition of domestic abuse.
HB 1265:
FOR AN ACT ENTITLED, An Act to
provide for the redistricting of boards of
county commissioners under certain circumstances and to declare an emergency.
And signed the same in the presence of the Senate.
Sen. Bogue moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Friday, March 4, the 39th legislative day.
Which motion prevailed.
Sen. Kloucek moved that the Senate do now adjourn, which motion prevailed and at
4:37 p.m. the Senate adjourned.