The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-ninth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
"
Section 1. That
§
10-50-6
be amended to read as follows:
10-50-6.
Any
No
cigarette on which
the tax imposed by this chapter
has been paid,
such
the
payment being evidenced by the affixing of
such stamp or imprint, is not
the stamp required by
§
10-50-18 is
subject to a further tax under this chapter.
However, any person, who possesses
two thousand or more cigarettes that do not bear a tax stamp or imprint indicating that the South
Dakota cigarette tax has been paid, shall pay the tax imposed pursuant to § 10-50-3 plus a
penalty equal to ten percent of the total tax due.
Any person who possesses or receives any
cigarettes that do not bear a tax stamp indicating that the tax imposed by this chapter has been
paid, shall pay the tax imposed pursuant to § 10-50-3, plus interest at the rate of one and
one-quarter percent for each month or part of a month the tax is unpaid, beginning thirty days
after the person's first possession or receipt of the cigarettes.
10-50-35.
Any cigarettes found at any place in this state without
the
stamps
affixed thereto
or without bearing the imprint impressed by a suitable metering machine approved by the
secretary of revenue and regulation as required
required to be affixed
by this chapter
unless such
cigarettes shall be in the possession of a licensed distributor or wholesaler in the original
unopened shipping package or unless they shall be in a course of transit from without this state
and consigned to a licensed distributor or a licensed wholesaler
are declared to be contraband
goods and may be seized by the secretary
, his agents, or employees,
or by any peace officer of
this state
when directed by the secretary to do so
, without a warrant
, unless the cigarettes are in:
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration SB
42
which was deferred to the 41st Legislative Day.
MR. SPEAKER:
I have the honor to return herewith HB 1017, 1076, 1172, 1225, 1245, 1265, and 1277
which have passed the Senate without change.
Rep. Rhoden moved that the rules be suspended for the purposes of referring SB 218 from
the Committee on State Affairs to the Committee on Appropriations and suspending JR 7-1.4
regarding the posting of agendas.
The question being on Rep. Rhoden's motion that the rules be suspended for the purposes
of referring SB 218 from the Committee on State Affairs to the Committee on Appropriations
and suspending JR 7-1.4 regarding the posting of agendas.
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried.
Rep. Cutler moved that the House do not concur in Senate amendments to HB 1102 and
that a committee of three on the part of the House be appointed to meet with a like committee
on the part of the Senate to adjust the differences between the two houses.
Which motion prevailed and the Speaker appointed as such committee Reps. Cutler,
Moore, and Hanks.
Rep. Peters moved that the House do concur in Senate amendments to HB 1183.
The question being on Rep. Peters' motion that the House do concur in Senate amendments
to HB 1183.
And the roll being called:
Yeas:
Nays:
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson;
Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke;
Juhnke; Kirkeby; Koistinen; Krebs; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Lucas; Olson (Betty)
Van Etten
Yeas 68, Nays 2, Excused 0, Absent 0
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries;
Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby;
Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup
(David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker
Deadrick
Buckingham; Koistinen
Rep. Rhoden moved that the reports of the Standing Committees on
Judiciary on SB 159 as found on pages 592 and 593 of the House Journal
; also
State Affairs on SB 2 as found on page 594 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SB 186:
FOR AN ACT ENTITLED, An Act to
revise the definition of long-term care
insurance.
Was read the second time.
The question being Shall SB 186 pass?
And the roll being called:
Yeas 69, Nays 1, Excused 0, Absent 0
Yeas:
Nays:
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson;
Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke;
Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem;
Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan);
Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele;
Street; Thompson; Tidemann; Turbiville; Van Etten; Vanneman; Vehle; Weems; Wick;
Willadsen; Speaker Deadrick
Van Norman
SB 9:
FOR AN ACT ENTITLED, An Act to
require water pollution control permits for
certain concentrated animal feeding operations.
Having had its second reading was up for consideration and final passage.
The question being Shall SB 9 pass?
And the roll being called:
Yeas 63, Nays 6, Excused 1, Absent 0
Yeas:
Nays:
Excused:
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Was read the second time.
The question being Shall SB 60 pass?
And the roll being called:
Yeas 66, Nays 4, Excused 0, Absent 0
Yeas:
Nays:
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
SB 86:
FOR AN ACT ENTITLED, An Act to
require the Bureau of Finance and
Management to designate pay periods for state payroll systems.
Was read the second time.
The question being Shall SB 86 pass?
And the roll being called:
Yeas 70, Nays 0, Excused 0, Absent 0
Yeas:
SB 32:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
distribution of funds to sparse school districts, and to declare an emergency.
Was read the second time.
Rep. Hills moved that SB 32 be placed to follow SB 3 on today's calendar.
Which motion prevailed.
SB 33:
FOR AN ACT ENTITLED, An Act to
revise certain kindergarten enrollment
requirements and repeal the nursery school age requirement.
Was read the second time.
The question being Shall SB 33 pass as amended?
And the roll being called:
Yeas 66, Nays 4, Excused 0, Absent 0
Yeas:
Nays:
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 67:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions related to
distribution of funds to school districts based on adequate yearly progress.
Was read the second time.
The question being Shall SB 67 pass?
Yeas 53, Nays 17, Excused 0, Absent 0
Yeas:
Nays:
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 68:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the use
of the state institute fund by the Department of Education.
Was read the second time.
The question being Shall SB 68 pass?
And the roll being called:
Yeas 62, Nays 8, Excused 0, Absent 0
Yeas:
Nays:
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
Was read the second time.
Rep. Wick moved that SB 195 be deferred to Monday, February 26th, the 32nd legislative
day.
Which motion prevailed.
SB 30:
FOR AN ACT ENTITLED, An Act to
to make an appropriation for costs related
to payments to sparse school districts and to declare an emergency.
Was read the second time.
Rep. Burg moved that SB 30 be placed to follow SB 32 on today's calendar.
Which motion prevailed.
SB 31:
FOR AN ACT ENTITLED, An Act to
make an appropriation to assist sparse school
districts.
Was read the second time.
Rep. Putnam moved that SB 31 be referred to the Committee on Appropriations.
Which motion prevailed.
SB 52:
FOR AN ACT ENTITLED, An Act to
make an appropriation for the purchase of
certain property in Brookings County from the Department of Transportation and to declare an
emergency.
Was read the second time.
The question being Shall SB 52 pass?
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent 0
Nays:
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Krebs;
Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Nygaard; Olson (Russell); Olson
(Ryan); Pederson (Gordon); Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele;
Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems;
Wick; Willadsen; Speaker Deadrick
DeVries; Koistinen; Novstrup (Al); Novstrup (David); Olson (Betty); Peters
Halverson
SB 60:
FOR AN ACT ENTITLED, An Act to
authorize the purchase of certain improved
real property in Pierre and to make an appropriation therefor.
Ahlers; Boomgarden; Bradford; Brunner; Burg; Carson; Cutler; Davis; Dennert; DeVries;
Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby;
Koistinen; Krebs; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al); Novstrup (David);
Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch;
Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten;
Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Buckingham; Lucas; Moore; Olson (Betty)
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson;
Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke;
Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem;
Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan);
Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele;
Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems;
Wick; Willadsen; Speaker Deadrick
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Dennert; Dreyer;
Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl;
Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby;
Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup
(David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Wick; Willadsen; Speaker Deadrick
Davis; DeVries; Koistinen; Weems
And the roll being called:
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; DeVries; Dreyer; Dykstra; Faehn;
Gilson; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke;
Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup (Al);
Novstrup (David); Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Steele; Tidemann; Turbiville; Van Etten;
Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Ahlers; Bradford; Burg; Dennert; Elliott; Engels; Feinstein; Gassman; Gillespie; Halverson;
Hargens; Moore; Nygaard; Sigdestad; Street; Thompson; Van Norman
Boomgarden; Brunner; Buckingham; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra;
Elliott; Engels; Faehn; Feinstein; Gillespie; Gilson; Hackl; Halverson; Hanks; Hargens;
Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lust;
McLaughlin; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson
(Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden;
Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman;
Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick
Ahlers; Bradford; Burg; Gassman; Glenski; Lucas; Miles; Moore
SB 195:
FOR AN ACT ENTITLED, An Act to
allow member schools of the South Dakota
High School Activities Association to remit certain admissions fees to private entities for the
support of interscholastic activities.
Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert;
DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson;
Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke;
Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Nelson; Noem; Novstrup
(Al); Novstrup (David); Nygaard; Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters;
Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann;
Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker
Deadrick
Moore; Olson (Betty)
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1017, 1076, 1172, 1225, 1245, 1265, and 1277 and
finds the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that HB 1152, 1153, and
1226 were delivered to his Excellency, the Governor, for his approval at 4:10 p.m., February 21,
2007.
Also MR. SPEAKER: