The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-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.
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-second
Legislature of the State of South Dakota to Kyle Buckmiller, Kate Chamberlain, Delci
Christensen, Suzanne Jones, Garrett Manley, Jamie Strand, and Ashley Willcuts.
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-second
Legislative Session; 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. Garnos moved that the report of the Conference Committee on SB 195 as found on
page 731 of the Senate Journal be adopted.
The question being on Sen. Garnos' motion that the report of the Conference Committee
on SB 195 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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.
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
Sen. Knudson moved that HB 1131 be immediately considered.
Which motion prevailed and HB 1131 was up for immediate consideration.
The question being "Shall HB 1131 pass as amended?"
And the roll being called:
Yeas 29, Nays 5, Excused 1, Absent 0
Yeas:
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.
Albers; Bartling; Dempster; Duenwald; Garnos; 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:
Abdallah; Apa; Gant; Napoli; Schmidt (Dennis)
Gray
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1176 and has appointed Reps. Dykstra, DeVries, 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.
The President announced Sens. Dempster, Gray, and Heidepriem as a committee of three
on the part of the Senate to meet with a like committee on the part of the House to adjust the
differences between the two houses on HB 1176.
Also MR. PRESIDENT:
I have the honor to transmit herewith HCR 1009 which has been adopted by the House and
your concurrence is respectfully requested.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the reports of
the Conference Committee on HB 1286 and 1102.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1041, 1063, 1155, and 1249.
I have the honor to return herewith SB 30 and 127 which have been amended by the House
and your concurrence in the amendments is respectfully requested.
Also MR. PRESIDENT:
Sen. Knudson moved that SJR 9 be placed to precede SB 10 on today's calendar.
Which motion prevailed.
Sen. Ed Olson moved that the Senate do concur in House amendments to SJR 9.
Sen. Napoli moved as a substitute motion that the Senate do not concur in House
amendments to SJR 9 and that no committee be appointed.
The question being on Sen. Napoli's motion that the Senate do not concur in House
amendments to SJR 9 and that no committee be appointed.
And the roll being called:
Yeas 21, Nays 12, Excused 2, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. McCracken moved that the Senate do concur in House amendments to SB 10.
The question being on Sen. McCracken's motion that the Senate do concur in House
amendments to SB 10.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Gant moved that the Senate do concur in House amendments to SB 84.
The question being on Sen. Gant's motion that the Senate do concur in House amendments
to SB 84.
And the roll being called:
Yeas 20, Nays 12, Excused 3, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Knudson moved that the Senate do concur in House amendments to SB 153.
The question being on Sen. Knudson's motion that the Senate do concur in House
amendments to SB 153.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
Sen. Dempster moved that the Senate do concur in House amendments to SB 197.
The question being on Sen. Dempster's motion that the Senate do concur in House
amendments to SB 197.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the amendments were concurred in.
HCR 1009:
A CONCURRENT RESOLUTION,
Requesting the Congress and the President
of the United States to reauthorize the federal Indian Health Care Improvement Act.
Was read the first time and the President waived the referral to committee and placed
HCR1009 on the calendar for Saturday, March 3, the 37th legislative day.
Which motion prevailed.
Albers; Apa; Bartling; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem;
Hoerth; Jerstad; Katus; Kloucek; Lintz; Maher; Napoli; Peterson (Jim); Schmidt (Dennis);
Sutton; Turbak; Two Bulls
Dempster; Duenwald; Gant; Garnos; Hunhoff; Knudson; Koetzle; McCracken; McNenny;
Nesselhuf; Olson (Ed); Smidt (Orville)
Abdallah; Hundstad
Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek;
Knudson; Koetzle; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt
(Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Hundstad; Lintz; McNenny
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hauge; Heidepriem; Hoerth; Hunhoff; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt
(Orville); Turbak
Bartling; Hanson (Gary); Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Peterson (Jim);
Schmidt (Dennis); Sutton; Two Bulls
Hundstad; Lintz; McNenny
Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle;
Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt
(Orville); Sutton; Turbak; Two Bulls
Heidepriem
Hundstad; Lintz; McNenny
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek;
Knudson; Koetzle; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt
(Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls
Napoli
Hundstad; McNenny
Sen. Knudson moved that consideration of the Conference Committee report on HB 1048
be placed to follow Motions and Resolutions on today's calendar.
Sen. Dempster moved that the report of the Conference Committee on HB 1048 as found
on page 721 of the Senate Journal be adopted.
The President introduced Sydney Palmer, Pierre, South Dakota, winner of the national
championship of NFL's Punt, Pass, and Kick Competition in the girl's 8-9 year division, to the
body.
There being no objection, the Senate reverted to Order of Business No. 5.
Sen. Knudson moved that the Senate do now recess until 4:30 p.m., which motion
prevailed and at 3:20 p.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 7.
I have the honor to return herewith SB 43, 157, 180, and 207 which have been amended
by the House and your concurrence in the amendments is respectfully requested.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has failed to adopt the
Report of the Conference Committee on HB 1048 and has appointed Reps. Rhoden, Deadrick,
and Hargens as a new 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.
Sen. Ed Olson moved that the report of the Conference Committee on SB 2 as found on
page 746 of the Senate Journal be adopted.
The question being on Sen. Koetzle's motion to not adopt the report of the Conference
Committee on SB 2 and to not appoint a new committee.
And the roll being called:
Yeas 15, Nays 20, Excused 0, Absent 0
Yeas:
Nays:
The question now being on Sen. Olson's motion that the report of the Conference
Committee on SB 2 be adopted.
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent 0
Yeas:
Nays:
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. Koetzle moved as a substitute motion that the Senate do not adopt the report of the
Conference Committee on SB 2 and do not appoint a new committee.
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle;
Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt
(Dennis); Smidt (Orville)
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Knudson; Lintz; McCracken; McNenny;
Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville)
Bartling; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Sutton; Turbak; Two
Bulls
Sen. Knudson moved that the House amendments to SB 157, 180, and 207 be immediately
considered.
Which motion prevailed.
Sen. Knudson moved that the Senate do not concur in House amendments to SB 157 and
that a committee of three on the part of the Senate be appointed to meet with a like committee
on the part of the House to adjust the differences between the two houses.
Which motion prevailed and the President announced as such committee Sens. Knudson,
Ed Olson, and Heidepriem.
"Section 15. For the fiscal year beginning on July 1, 2007, there is hereby appropriated
from the general fund the sum of five million dollars ($5,000,000) to the Department of
Education for distribution to school districts through the state aid to general education
foundation formula."
The question being "Shall HB 1171 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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.
Was read the second time.
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
HB 1084:
FOR AN ACT ENTITLED, An Act to
revise the property tax levies for the
general fund of a school district.
The President publicly read the title to
SB 10:
FOR AN ACT ENTITLED, An Act to
revise certain requirements and procedures
regarding the one-call notification system for excavation activities.
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.
SB 44:
FOR AN ACT ENTITLED, An Act to
require the conduct of criminal background
checks for certain persons employed by the Division of Banking.
SB 45:
FOR AN ACT ENTITLED, An Act to
repeal the authority for state chartered
savings and loan associations.
SB 82:
FOR AN ACT ENTITLED, An Act to
revise certain fees charged by sheriffs.
SB 84:
FOR AN ACT ENTITLED, An Act to
increase the maximum fees for conducting
weights and measures inspections and testing.
SB 95:
FOR AN ACT ENTITLED, An Act to
establish a State Board of Technical
Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer
of authority over public postsecondary technical education from the Department of Education
to the State Board of Technical Institutes.
SB 101:
FOR AN ACT ENTITLED, An Act to
establish a governance policy for school
boards.
SB 123:
FOR AN ACT ENTITLED, An Act to
provide that sheriffs receive payment for
marshaling assets for an execution of judgment or execution sale even if no sale occurs.
SB 127:
FOR AN ACT ENTITLED, An Act to
require the disclosure of known
contamination of waterways on property condition disclosure statements.
SB 130:
FOR AN ACT ENTITLED, An Act to
permit the Department of Health to provide
an electronic report of marriages upon request.
SB 135:
FOR AN ACT ENTITLED, An Act to
increase the minimum salary payable to
county officials, state's attorneys, and sheriffs.
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.
SB 153:
FOR AN ACT ENTITLED, An Act to
provide for the suspension of certain county
officials pending completion of criminal prosecutions.
SB 164:
FOR AN ACT ENTITLED, An Act to
permit certain taxing districts to revise the
amount of revenue payable from property taxes.
SB 165:
FOR AN ACT ENTITLED, An Act to
repeal and reestablish provisions to regulate
mortgage lenders and brokers.
SB 183:
FOR AN ACT ENTITLED, An Act to
exempt the production of certain plants and
sod from sales and use taxes.
SB 185:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund tax refunds
for elderly and disabled persons for property tax and sales tax refunds.
SB 197:
FOR AN ACT ENTITLED, An Act to
adopt the Revised Uniform Anatomical
Gift Act.
SB 202:
FOR AN ACT ENTITLED, An Act to
increase the exemption from process of
certain retirement benefits.
And signed the same in the presence of the Senate.
SB 98:
FOR AN ACT ENTITLED, An Act to
revise or clarify certain provisions relating
to the classification and creation of trusts.
Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at
5:40 p.m. the Senate adjourned.