The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of
Allegiance led by Senate page Meagan O'Connor.
Roll Call: All members present except Sen. Smidt 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 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 State Affairs respectfully reports that it has had under consideration
SB
71 and
73 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration SB
46
and returns the same with the recommendation that said bill do pass.
The Committee on Local Government respectfully reports that it has had under
consideration SB
11 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB
3,
12, and
13 and returns the same with the recommendation that said bills do
pass and be placed on the Consent Calendar.
I have the honor to transmit herewith HB 1033 and 1047 and HJR 1001, 1002, and 1003
which have passed the House and your favorable consideration is respectfully requested.
Sen. Bogue moved that the reports of the Standing Committees on
Transportation on SB 25 as found on page 79 of the Senate Journal
; also
Transportation on SB 39 as found on page 80 of the Senate Journal be adopted.
Which motion prevailed.
SB 78
Introduced by:
Senator Knudson and Representative Michels
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the submission
of direct legislation to a vote of the people at a general election.
Was read the first time and referred to the Committee on State Affairs.
SB 79
Introduced by:
Senators Kloucek and Hanson (Gary) and Representatives Gassman,
Bradford, Lange, and Valandra
FOR AN ACT ENTITLED, An Act to
exempt the purchase of farm machinery, farm
attachment units, and irrigation equipment from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
SB 80
Introduced by:
Senators Kloucek, Bartling, Hanson (Gary), Hundstad, Moore, and
Peterson (Jim) and Representatives Glover, Garnos, Hargens, Jerke, Lange, Putnam, and
Valandra
FOR AN ACT ENTITLED, An Act to
exempt feed for certain game birds from sales and
use tax.
Was read the first time and referred to the Committee on Taxation.
SB 81
Introduced by:
Senators Schoenbeck, Abdallah, Duniphan, Kelly, Kloucek, Koetzle,
McCracken, Moore, and Olson (Ed) and Representatives Cutler, Haley, Jensen, McCoy,
Murschel, Nelson, and Roberts
FOR AN ACT ENTITLED, An Act to revise the index factor for determining the per student allocation for school districts.
SB 82
Introduced by:
Senators Adelstein, Dempster, Duniphan, Knudson, Olson (Ed), and
Two Bulls and Representatives Hennies, Bradford, Hanks, McLaughlin, Putnam, and Valandra
FOR AN ACT ENTITLED, An Act to
provide for the appointment of a Native American
law enforcement officer to the Law Enforcement Office Standards Commission.
Was read the first time and referred to the Committee on State Affairs.
SB 83
Introduced by:
Senators Knudson, Adelstein, Dempster, Hansen (Tom), Hanson
(Gary), Kelly, Kooistra, Nesselhuf, and Olson (Ed) and Representatives Thompson, Bradford,
Cutler, Elliott, Faehn, Garnos, Gassman, Glover, Hennies, McCoy, McLaughlin, Miles,
Murschel, Nelson, Olson (Ryan), Roberts, Street, Tornow, and Van Norman
FOR AN ACT ENTITLED, An Act to
increase the length of time for which nationally
certified teachers may receive stipends.
Was read the first time and referred to the Committee on Education.
SB 84
Introduced by:
Senators Apa and Bogue and Representatives Putnam and Rhoden
FOR AN ACT ENTITLED, An Act to
provide that the state fair be held at the option of
the secretary of agriculture.
Was read the first time and referred to the Committee on State Affairs.
SB 85
Introduced by:
Senators Apa and Bogue and Representatives Putnam and Rhoden
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to state fair
contracts.
Was read the first time and referred to the Committee on State Affairs.
SB 86
Introduced by:
Senators Apa, Duenwald, Lintz, McNenny, and Napoli and
Representatives Klaudt, Brunner, Hargens, Rave, and Rhoden
FOR AN ACT ENTITLED, An Act to
require the Department of Game, Fish and Parks to
receive the approval of the Legislature before acquiring certain land.
Was read the first time and referred to the Committee on Appropriations.
FOR AN ACT ENTITLED, An Act to
require a broker to obtain written consent to
advertise or market property on behalf of an owner.
Was read the first time and referred to the Committee on Commerce.
SB 88
Introduced by:
Senators Sutton (Dan), Bartling, Dempster, Nesselhuf, Olson (Ed),
Peterson (Jim), Schoenbeck, Smidt, and Two Bulls and Representatives Roberts, Bradford,
Elliott, Garnos, Gassman, Hennies, Lange, O'Brien, and Tidemann
FOR AN ACT ENTITLED, An Act to
extend residency status to graduates of Flandreau
Indian School.
Was read the first time and referred to the Committee on Education.
SB 89
Introduced by:
Senators McCracken, Gray, and Sutton (Dan) and Representatives
McLaughlin, Boomgarden, Bradford, Krebs, Rounds, and Thompson
FOR AN ACT ENTITLED, An Act to
require the offering of assisted living facility
benefits to certain persons with long-term care insurance.
Was read the first time and referred to the Committee on Commerce.
SB 90
Introduced by:
Senators Bogue, Kelly, Knudson, and Schoenbeck and
Representatives Deadrick and Gillespie
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the approval of
plats.
Was read the first time and referred to the Committee on Local Government.
SB 91
Introduced by:
Senators Bogue, Knudson, and Schoenbeck and Representatives
Deadrick and Gillespie
FOR AN ACT ENTITLED, An Act to
remove the requirement of providing social security
numbers in certain probate matters.
Was read the first time and referred to the Committee on Judiciary.
FOR AN ACT ENTITLED, An Act to
revise the formula for determining the amount of
the sales, use, and contractors' excise tax refund provided to certain new business facilities.
Was read the first time and referred to the Committee on Taxation.
SB 93
Introduced by:
Senators Knudson, Bartling, Bogue, Broderick, Dempster, Gant,
Gray, Koetzle, Koskan, Lintz, Moore, Nesselhuf, and Sutton (Duane) and Representatives
Michels, Cutler, Dennert, Dykstra, Gillespie, Hargens, Lange, O'Brien, Peters, Rhoden, and
Wick
FOR AN ACT ENTITLED, An Act to
provide for an early presidential primary.
Was read the first time and referred to the Committee on State Affairs.
SB 94
Introduced by:
Senators Knudson, Bartling, Bogue, Broderick, Dempster, Gant,
Gray, Koetzle, Koskan, Lintz, Moore, Nesselhuf, and Sutton (Duane) and Representatives
Michels, Cutler, Dennert, Dykstra, Hargens, Lange, O'Brien, Peters, Rhoden, and Wick
FOR AN ACT ENTITLED, An Act to
make an appropriation to reimburse counties for the
cost of the 2008 presidential primary.
Was read the first time and referred to the Committee on State Affairs.
SB 95
Introduced by:
Senators Gant, Adelstein, Greenfield, and Olson (Ed) and
Representatives Klaudt, Michels, and Valandra
FOR AN ACT ENTITLED, An Act to
clarify that certain statutory interim committees may
introduce legislation on their own motion.
Was read the first time and referred to the Committee on Legislative Procedure.
SB 96
Introduced by:
Senators Nesselhuf, Knudson, Lintz, McCracken, and Sutton (Dan)
and Representatives Haley, Brunner, Hackl, Jensen, McLaughlin, Murschel, Roberts, and
Thompson
FOR AN ACT ENTITLED, An Act to
exempt religious organizations from sales and use
taxes.
Was read the first time and referred to the Committee on Taxation.
FOR AN ACT ENTITLED, An Act to
allow the governing body of taxing districts to
automatically refer a property tax opt out to the voters.
Was read the first time and referred to the Committee on Local Government.
SB 98
Introduced by:
Senators Moore, McCracken, and Schoenbeck and Representatives
Rave, Cutler, Gillespie, Hargens, Hennies, O'Brien, and Rounds
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding age requirements
for the consumption of alcoholic beverages.
Was read the first time and referred to the Committee on Commerce.
SB 99
Introduced by:
Senators Schoenbeck, Abdallah, Adelstein, Bartling, Duniphan,
Hansen (Tom), Kelly, Koetzle, McCracken, Moore, Olson (Ed), and Sutton (Dan) and
Representatives Kraus, Cutler, Dykstra, Faehn, Haley, Halverson, Krebs, McCoy, McLaughlin,
Michels, Murschel, O'Brien, and Olson (Ryan)
FOR AN ACT ENTITLED, An Act to
establish a task force to study sexual assault and to
provide for its composition, scope, and administration.
Was read the first time and referred to the Committee on Judiciary.
SB 100
Introduced by:
Senators Apa, Bartling, Earley, Gant, Greenfield, Hanson (Gary),
Koskan, Napoli, Smidt, and Sutton (Duane) and Representatives Putnam, Dennert, Glenski,
Haverly, Hunhoff, Klaudt, Peters, Rausch, and Tidemann
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding state fund
condition statements.
Was read the first time and referred to the Committee on Appropriations.
HJR 1001:
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding
private and special laws.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on State Affairs.
HJR 1003:
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding
the Legislature.
Was read the first time and referred to the Committee on State Affairs.
HB 1033:
FOR AN ACT ENTITLED, An Act to
permit persons arrested for certain
boating violations to be released upon execution of a promise to appear in court or upon
furnishing a bond and to provide a penalty for failure to appear in court.
Was read the first time and referred to the Committee on Judiciary.
HB 1047:
FOR AN ACT ENTITLED, An Act to
revise certain sales and use tax provisions
related to products and substances associated with the application of pesticides and to clarify
the definition of pesticides.
Was read the first time and referred to the Committee on Taxation.
Sen. Nesselhuf requested that SB 55 be removed from the Consent Calendar.
SB 37:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding fire safety
and regarding the authority of the Department of Public Safety to promulgate rules pertaining
to fire safety.
Was read the second time.
The question being "Shall SB 37 pass?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Nays:
Napoli
Excused:
Earley; Smidt
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.
SB 41:
FOR AN ACT ENTITLED, An Act to
revise and update certain provisions
pertaining to motor carrier safety and transportation of hazardous materials.
Was read the second time.
The question being "Shall SB 41 pass?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant;
Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Napoli
Excused:
Earley; Smidt
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.
SB 44:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding waiting
periods for the filing of insurance rates.
Was read the second time.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant;
Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Napoli
Excused:
Earley; Smidt
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.
SB 24:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
authority of the Public Utilities Commission with regard to AC/DC conversion projects and
energy conversion facilities.
Was read the second time.
The question being "Shall SB 24 pass?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant;
Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls
Excused:
Earley; Smidt
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 SB 38 pass?"
And the roll being called:
Yeas 25, Nays 9, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray;
Hansen (Tom); Hundstad; Kelly; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny;
Moore; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane)
Nays:
Apa; Bartling; Greenfield; Hanson (Gary); Kloucek; Kooistra; Napoli; Peterson (Jim); Two
Bulls
Excused:
Smidt
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. Gray moved that the Senate do now adjourn, which motion prevailed and at 2:28 p.m.
the Senate adjourned.