The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-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:
I have the honor to transmit herewith HCR 1007 which has been adopted by the House and
your concurrence is respectfully requested.
Sen. Knudson moved that when we adjourn today, we adjourn to reconvene at 2:00 p.m.
on Tuesday, February 20, the 28th legislative day and, pursuant to Art. III, Sec. 16 of the South
Dakota Constitution, give consent to the House to do the same.
The question being on Sen. Knudson's motion that when we adjourn today, we adjourn to
reconvene at 2:00 p.m. on Tuesday, February 20, the 28th legislative day and, pursuant to Art.
III, Sec. 16 of the South Dakota Constitution, give consent to the House to do the same.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-second
Legislature of the State of South Dakota to Cassie Bauerle-Conlon, Sara Berg, Jacob
Brakke, Zoey DeWolf, Laura Hofer, Samantha Maag, Blaine Reynolds, KaSara Sutton,
Kristina Thompson, and Katherine Wagner.
WHEREAS, the members of the Eighty-second 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-second 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. Knudson moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Knudson's motion that Senate Page Resolution 3 be adopted.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Knudson; Koetzle; Lintz; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt
(Dennis); Smidt (Orville); Sutton; Two Bulls
Kloucek
Maher; McCracken; Turbak
SENATE PAGE RESOLUTION 3 Introduced by: Senators 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
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-second
Legislative Session; and
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; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Maher; McCracken
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HCR 1007:
A CONCURRENT RESOLUTION,
Encouraging the Legislature of the State
of South Dakota to continue in its practice and to further examine using people first language,
which will acknowledge individuals as people before they acknowledge any disability.
Was read the first time.
There being no objection, the Senate reverted to Order of Business No. 7.
The committee referral was waived and HCR 1007 was placed on the calendar of Tuesday,
February 20, the 28th legislative day.
Sen. Knudson moved that the reports of the Standing Committees on
Education on SB 69 as found on page 504 of the Senate Journal
; also
Health and Human Services on SB 130 as found on page 519 of the Senate Journal
; also
Education on SB 157 as found on page 504 of the Senate Journal
; also
Taxation on SB 164 as found on page 515 of the Senate Journal
; also
Education on SB 174 as found on page 514 of the Senate Journal
; also
Taxation on SB 182 as found on page 517 of the Senate Journal
; also
Health and Human Services on SB 197 as found on page 520 of the Senate Journal
; also
Health and Human Services on SB 208 as found on page 520 of the Senate Journal
; also
Judiciary on HB 1058 as found on page 518 of the Senate Journal
; also
Judiciary on HB 1102 as found on page 519 of the Senate Journal
; also
State Affairs on HB 1286 as found on page 515 of the Senate Journal be adopted.
Which motion prevailed.
HB 1074:
FOR AN ACT ENTITLED, An Act to
make an appropriation for the support of
the state fair.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1162:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
sales and distribution of tobacco products.
Was read the first time and referred to the Committee on Commerce.
HB 1222:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to
petitions for protection orders.
Was read the first time and referred to the Committee on Judiciary.
HB 1231:
FOR AN ACT ENTITLED, An Act to
exempt certain wages from claims in
bankruptcy.
Was read the first time and referred to the Committee on Judiciary.
Pursuant to Senate Rule 6-1, the President removed HB 1031 and 1077 from the Consent
Calendar.
HB 1152:
FOR AN ACT ENTITLED, An Act to
revise the procedures for due process
regarding the central registry for abuse and neglect.
Was read the second time.
The question being "Shall HB 1152 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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 1153:
FOR AN ACT ENTITLED, An Act to
revise certain references regarding the
reunification of an abused or neglected child with a parent and regarding grounds for
termination of parental rights and regarding the operation of the central registry for abuse and
neglect.
Was read the second time.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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.
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; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson
(Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
McCracken
The question being "Shall HB 1153 pass?"
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; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson
(Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
McCracken
SB 108:
FOR AN ACT ENTITLED, An Act to
provide for the continuation of certain
health insurance coverage for dependents.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 30, Nays 4, Excused 1, Absent 0
Yeas:
Nays:
Excused:
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.
Having had its second reading was up for consideration and final passage.
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson
(Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson;
Koetzle; Lintz; Maher; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville);
Sutton; Turbak; Two Bulls
Apa; Greenfield; Napoli; Schmidt (Dennis)
McCracken
"Section 1. A legislative ethics committee is established consisting of five members from
the Senate and five members from the House of Representatives. The president pro tempore in
consultation with the minority leader of the Senate and the speaker of the House of
Representatives in consultation with the minority leader of the House of Representatives shall
appoint their respective members of the ethics committee. No more than three members from
each house may be from the same political party.
Section 2. The ethics committee shall propose, not later than ten 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 joint rules. The ethics committee shall make further recommendations 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. Each house
shall consider and act upon the recommendations of the ethics committee within ten legislative
days of receipt of the ethics committee's report.
Section 3. The ethics committee appointed pursuant to section 1 of this Act shall terminate
after delivery of its report."
SB 59:
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for
fiscal year 2007 regarding appropriations to the Department of Health, the Board of Regents,
the Department of Corrections, the Department of Human Services, and the Office of the
Attorney General, and to declare an emergency.
Was read the second time.
The question being "Shall SB 59 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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 218:
FOR AN ACT ENTITLED, An Act to
authorize the South Dakota Building
Authority to provide for the construction, reconstruction, renovation, and modernization of state
park facilities and infrastructure at Custer State Park near Custer for the Department of Game,
Fish and Parks, to allow the general fund to temporarily cover the initial construction costs, and
to declare an emergency.
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek;
Knudson; Lintz; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt
(Orville); Sutton; Turbak; Two Bulls
Koetzle; Maher; Napoli
Abdallah; McCracken
Was read the second time.
On page
5
,
after line 12, insert:
"
;
"Section 14. That
§
13-13-73
be amended to read as follows:
13-13-73.
The secretary of the Department of Education shall compute state aid to
education for each school district under the foundation program according to the following
calculations:
Sen. Kloucek requested a roll call vote.
Which request was supported.
The question being on Sen. Heidepriem's motion that SB 157 be further amended.
And the roll being called:
Yeas 15, Nays 19, Excused 1, Absent 0
Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle;
Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls
Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hauge; Hunhoff; Knudson; Lintz; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt
(Orville)
Excused:
McCracken
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
Which request was supported.
The question being on Sen. Garnos' motion that SB 157 be further amended.
And the roll being called:
Yeas 20, Nays 14, Excused 1, Absent 0
Yeas:
Bartling; Duenwald; Garnos; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hundstad;
Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McNenny; Nesselhuf; Peterson (Jim);
Sutton; Two Bulls
Nays:
Abdallah; Albers; Apa; Dempster; Gant; Gray; Hansen (Tom); Hoerth; Knudson; Napoli; Olson
(Ed); Schmidt (Dennis); Smidt (Orville); Turbak
Excused:
McCracken
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
Sen. Heidepriem requested a roll call vote.
The question being on Sen. Gary Hanson's motion that SB 157 be further amended.
And the roll being called:
Yeas 18, Nays 16, Excused 1, Absent 0
Yeas:
Bartling; Duenwald; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus;
Kloucek; Koetzle; Maher; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak; Two Bulls
Nays:
Abdallah; Albers; Apa; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hauge; Hunhoff;
Knudson; Lintz; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)
Excused:
McCracken
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
The question now being "Shall SB 157 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
Nays:
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 174:
FOR AN ACT ENTITLED, An Act to
enhance education in the state and to make
an appropriation therefor.
Was read the second time.
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Kloucek; Knudson; Maher; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis);
Sutton; Turbak; Two Bulls
Apa; Koetzle; Lintz; McNenny; Smidt (Orville)
Excused:
McCracken