JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 12, 2007

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Dave Zellmer, followed by the Pledge of Allegiance led by Senate page KaSara Sutton.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-third day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 168 and HB 1071 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1078 and 1079 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

1068ta
     On page 1, line 8 of the printed bill, delete " Class 6 felony " and insert " Class 1 misdemeanor ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1073 and tabled the same.


 Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1255 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1099 and 1147 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

1016rc
     On page 2, line 7 of the House engrossed bill, delete " The separate record " .

     On page 2 , delete line 8 .

     On page 2 , line 20, delete " The separate record is not available to the " .

     On page 2 , line 21, delete " public, except pursuant to court order or subpoena. " .

     On page 2 , after line 23, insert:

    "Section 3. That chapter 58-11 be amended by adding thereto a NEW SECTION to read as follows:

         No insurer may increase the premium or rate of an insured at policy issuance, during the term of a policy, or at renewal because of an accident if the insured was responding to a call of duty as a law enforcement officer, firefighter, or emergency medical technician for any accident:

                 (1)    That occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties; and
                 (2)    That occurred while the law enforcement officer, firefighter, or emergency medical technician was driving an official vehicle; and
                 (3)    For which the law enforcement officer, firefighter, or emergency medical technician furnishes notice to the insurer that the accident occurred under circumstances identified in subdivisions (1) and (2) of this section.

This section is not applicable to commercial lines policies."

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1117 and returns the same with the recommendation that said bill be amended as follows:

1117rta
     On page 1, line 1 of the House engrossed bill, after " duration of " insert "stalking and".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

1119ra
     On page 1, line 12 of the House engrossed bill, delete " and " .

     On page 1 , line 13, after " lien " insert: " ; and

                 (3)    Proof of service on the person holding the lien ".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1160 and 1175 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill be amended as follows:

169fa
     On page 2 of the printed bill, delete lines 1 to 7 , inclusive, and insert "than fifteen legislative days after the beginning of the Eighty-third Session of the South Dakota Legislature, a code of ethics and conflict of interest requirements as new chapters in the Senate and House rules and shall consider such recommendations as the ethics committee shall make regarding the procedures to be used by the select committees established pursuant to chapter 8 of the Senate rules or chapter 6 of the House rules.

     Section 3. Each ethics committee appointed pursuant to section 1 of this Act shall terminate after delivery of its report to its respective house."


169ota
     On page 1, line 1 of the printed bill, delete " permanent " .

     And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

 Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1154 and 1165 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1210 and 1217 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1128 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1240 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 206 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill be amended as follows:

132ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. There is established the Zaniya Project Task Force, which shall be attached to the South Dakota Health Care Commission. The task force shall develop a plan, complete with action steps and timelines, to provide health insurance to South Dakota residents who lack health insurance coverage. The task force shall seek to create efficiencies in the purchase of

health insurance products. For any new proposal it recommends, the task force shall prepare cost estimates and designate funding sources. As part of its charge, the task force shall explore and pursue opportunities available from the federal government.

         Section 2. The Zaniya Project Task Force shall be comprised of four legislators and other members appointed by the Governor as described in this section. The speaker of the House of Representatives shall appoint two legislators who are members of the House and the president pro tempore of the Senate shall appoint two legislators who are members of the Senate. The Governor shall appoint no less than two representatives of each of the following groups:

                 (1)    Health care providers;
                 (2)    Health care facilities;
                 (3)    Insurance carriers and producers;
                 (4)    Employers;
                 (5)    State government;
                 (6)    Lay persons; and
                 (7)    Trade associations.

         Section 3. The Zaniya Project Task Force shall provide its final report to the Health Care Commission, the Governor, and the Legislature by September 30, 2007.

         Section 4. The provisions of this Act are repealed on March 1, 2008.

         Section 5. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


132jb
     In the previously adopted amendment (132ja), in section 2, delete subdivisions (6) and (7) and insert:

                 ''(6)    Lay persons;
                 (7)    Trade associations; and
                 (8)    Tribal health professionals."

132jta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency."

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 196 and returns the same with the recommendation that said bill be amended as follows:


196jb
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 22-36-2 be amended to read as follows:

     22-36-2.   No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment. This section does not apply to any sleeping room in a lodging establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely incidental.

         A violation of this section is a petty offense. "

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 129, 130, 131, and 133 and tabled the same.

Respectfully submitted,
Tom Hansen, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1115 and 1225 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Gant moved that SB 14 be deferred to Wednesday, February 14, the 26th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 3 be deferred to Tuesday, February 13, the 25th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Knudson moved that the reports of the Standing Committees on

     State Affairs on SB 104 as found on page 454 of the Senate Journal ; also

     Taxation on SB 173 as found on page 455 of the Senate Journal ; also

     Health and Human Services on SB 187 as found on page 465 of the Senate Journal ; also

     State Affairs on SB 198 as found on page 455 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1115:   FOR AN ACT ENTITLED, An Act to   authorize a county auditor to raise additional revenues for education from property taxes due to the results of certain court actions.

     Was read the first time and referred to the Committee on Local Government.

     HB 1225:   FOR AN ACT ENTITLED, An Act to   revise the title of the coordinated soil and water conservation fund and coordinated soil and water conservation plan.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1021:   FOR AN ACT ENTITLED, An Act to   add additional species to those which may be hunted without a license by residents on their own land.

     Was read the second time.

     The question being "Shall HB 1021 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 2:   FOR AN ACT ENTITLED, An Act to   establish certain procedures regarding the verification of initiative and referendum signatures.

     Was read the second time.

     The question being "Shall SB 2 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Greenfield; Kloucek; Napoli; Peterson (Jim); Schmidt (Dennis)

     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 136:   FOR AN ACT ENTITLED, An Act to   provide for the release of the juvenile monitor's report after clearance by the attorney general and to provide for a confidential addendum to the report.

     Was read the second time.

     The question being "Shall SB 136 pass as amended?"


     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Garnos

     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 166:   FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain municipalities.

     Was read the second time.

     The question being "Shall SB 166 pass?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Bartling; Dempster; Duenwald; Gant; Gray; Hanson (Gary); Hauge; Heidepriem; Hoerth; Jerstad; Knudson; Koetzle; McCracken; Napoli; Olson (Ed); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Albers; Apa; Garnos; Greenfield; Hansen (Tom); Hundstad; Hunhoff; Katus; Kloucek; Lintz; McNenny; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville)

     Excused:
Maher

     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. Kloucek announced his intention to reconsider the vote by which SB 166 passed.

     SB 180:   FOR AN ACT ENTITLED, An Act to   provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter-country adoptions.

     Was read the second time.

180xa
     Sen. Nesselhuf moved that SB 180 be further amended as follows:

     On page 1, line 8 of the Senate Health and Human Services Committee engrossed bill, after " jurisdiction " insert "or nation".

     Which motion prevailed.

     The question being "Shall SB 180 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah

     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 199:   FOR AN ACT ENTITLED, An Act to   increase the compulsory attendance age for school attendance.

     Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

     Yeas 27, Nays 8, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Turbak; Two Bulls

     Nays:
Apa; Greenfield; Hoerth; Hunhoff; Lintz; McNenny; Peterson (Jim); Sutton

     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.

     SJR 2:   A JOINT RESOLUTION,   To propose a constitutional amendment to require certain meetings of the Legislature to be open to the public.

     Was read the second time.

     The question being "Shall SJR 2 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed and the title was agreed to.

     SB 56:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to acquire a seed technology facility for South Dakota State University, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0


     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Koetzle

     Excused:
Abdallah

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 100:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall SB 100 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli; Schmidt (Dennis)

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 105:   FOR AN ACT ENTITLED, An Act to   require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

     Was read the second time.

     The question being "Shall SB 105 pass?"


     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Napoli

     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 207:   FOR AN ACT ENTITLED, An Act to   increase the minimum wage.

     Was read the second time.

207fa
     Sen. Apa moved that SB 207 be amended as follows:

     On page 1, line 4 of the printed bill, overstrike " five " and insert " seven ".

     On page 1 , line 5, delete everything before " an hour " and insert "dollars and fifteen cents ".

     On page 1 , line 9, delete " six " and insert " eight ".

     On page 1 , line 10, delete " fifty-five " and insert " fifty ".

     On page 1 , line 15, delete everything before " an hour " and insert " ten dollars and fifteen cents ".

     Which motion lost.

     The question being "Shall SB 207 pass?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Duenwald; Garnos; Greenfield; Maher; McNenny

     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 219:   FOR AN ACT ENTITLED, An Act to   make an appropriation for a drought tolerance biotechnology research center and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 219 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah; Kloucek

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1163:   FOR AN ACT ENTITLED, An Act to   allow certain repossessed motor vehicles to be sold without title in the name of the entity selling these motor vehicles.

     Was read the second time.

     The question being "Shall HB 1163 pass?"

     And the roll being called:


     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Napoli; Schmidt (Dennis)

     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.

     HB 1235:   FOR AN ACT ENTITLED, An Act to   authorize the trapping and hunting of certain furbearing animals by nonresidents.

     Was read the second time.

     The question being "Shall HB 1235 pass?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

     Yeas:
Albers; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Bartling; Hansen (Tom); Napoli; Schmidt (Dennis)

     Excused:
Abdallah

     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.

     HB 1019:   FOR AN ACT ENTITLED, An Act to   rename the rodent and reptile control fund and to validate the Department of Agriculture's authority to sell rodent control products.

     Was read the second time.

     The question being "Shall HB 1019 pass as amended?"


     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli; Schmidt (Dennis)

     Excused:
Abdallah

     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.

     HB 1075:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1075 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1033 and 1034.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 11: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the licensing of commercial drivers.

     HB 1010: FOR AN ACT ENTITLED, An Act to  make an appropriation to provide for the renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

     HB 1023: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the definition of big game and the possession, transportation, and sale of big game meat and animal parts.

     HB 1027: FOR AN ACT ENTITLED, An Act to  authorize the issuance of temporary snowmobile permits to residents and to increase the fee for such permits.

     HB 1039: FOR AN ACT ENTITLED, An Act to  increase certain fees relating to the Board of Barber Examiners.

     HB 1105: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to immunity from civil liability for the placement and use of automated external defibrillators.

     HB 1112: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the transportation of fur-bearing animals.

     HB 1118: FOR AN ACT ENTITLED, An Act to  permit counties to sell tax certificates.

     HB 1121: FOR AN ACT ENTITLED, An Act to  provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

     HB 1130: FOR AN ACT ENTITLED, An Act to  increase the level of expenditures that may be incurred before requiring the advertisement for bids for the purchase of materials, supplies, or equipment.

     HB 1143: FOR AN ACT ENTITLED, An Act to  repeal the limitation on liability of local government agencies and their employees for year 2000 litigation.

     HB 1204: FOR AN ACT ENTITLED, An Act to  revise fees for renewal stickers that are placed on special motor vehicle license plates for certain military veterans.

     And signed the same in the presence of the Senate.

     Sen. Katus moved that the Senate do now adjourn, which motion prevailed and at 4:00 p.m. the Senate adjourned.

Trudy Evenstad, Secretary