Senate Journal 03/03/2007 9:00 AM

JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION

THIRTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, March 3, 2007

The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Theodora Boolin, followed by the Pledge of Allegiance led by Sen. Ed Olson.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

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

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 30, 127, and 207 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 10, 42, 44, 45, 53, 59, 74, 75, 80, 82, 84, 87, 95, 98, 99, 100, 101, 123, 128, 130, 135, 136, 147, 153, 159, 164, 165, 182, 183, 185, 193, 197, 199, 202, and 218 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., March 3, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1082 and has appointed Reps. Rhoden, Deadrick, and Hargens 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. Knudson, Ed Olson, 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 1082.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1060 and 1101.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 10 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 166 was lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 105 was tabled.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 173 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. McCracken moved that the Senate do concur in House amendments to SB 43.

The question being on Sen. McCracken's motion that the Senate do concur in House amendments to SB 43.

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

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

Nays:
Abdallah; Apa; Duenwald; Greenfield; Kloucek; Koetzle; Maher; Napoli; Schmidt (Dennis)

Excused:
Knudson

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 second time.

Sen. Two Bulls moved that the Senate do concur in HCR 1009 as found on page 733 of the House Journal.

The question being on Sen. Two Bulls' motion that the Senate do concur in HCR 1009.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Apa; Greenfield; Knudson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

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

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has approved HB 1026 as recommended by the Governor, pursuant to Article IV, Section 4, of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 762 of the House Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on HB 1026.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Hunt, Hackl, and Bradford 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 on SB 180.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rhoden, Deadrick, and Hargens 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 on SB 157.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Dempster moved that the Senate do now recess until 10:15 a.m., which motion prevailed and at 9:32 a.m., the Senate recessed.

The Senate reconvened at 10:15 a.m., the President presiding.

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1084 and has appointed Reps. Dykstra, Rave, and Gillespie 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. McNenny, Gray, and Jim Peterson 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 1084.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1171 and has appointed Reps. Rhoden, Deadrick, and Hargens 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. Knudson, Ed Olson, 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 1171.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1131.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 2 and 195.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Knudson moved that the Senate do now recess until 11:30 a.m., which motion prevailed and at 10:25 a.m., the Senate recessed.

The Senate reconvened at 11:43 a.m., the President presiding.

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on March 2, 2007, I approved Senate Bill 142, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 43, and 195 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATION S

The Senate proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1026 as found on page 762 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the state of South Dakota.

The question being "Shall the recommendation of the Governor as to change of style and form of HB 1026 be approved?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Dempster; Knudson

So the question having received an affirmative vote of a majority of the members-elect, the President declared the recommendation of the Governor as to change of style and form approved.

Sen. Gray moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 11:54 a.m., the Senate recessed.

The Senate reconvened at 1:38 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered SB 31 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendment.

Respectfully submitted                        Respectfully submitted,
Joel D. Dykstra                                Brock L. Greenfield
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 180 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 180 be amended as follows:

On the House Judiciary Committee engrossed bill, delete all House Judiciary Committee amendments, thus restoring the bill to the Senate engrossed version.

On page 1 of the Senate engrossed bill , delete line 7 and insert "Any order of adoption or guardianship entered in compliance".

On page 1 , delete line 9 , and insert "adoption or guardianship entered in this state."

On the previously adopted amendment (180jc), in the second and third instructions delete "or guardianship".

Respectfully submitted,                         Respectfully submitted,
Roger Hunt                                    Tom Hansen
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1176 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                         Respectfully submitted,
Joel D. Dykstra                                Thomas A. Dempster
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1048 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1048 be amended as follows:

On page 10, line 24 of the Senate engrossed bill, delete " five hundred " and insert "one thousand".

On page 11 , line 5, delete " five hundred " and insert "one thousand".

On page 11 , line 14, delete " A violation of this " .

On page 11 , delete line 15 .

On page 12 , line 13, delete " A violation of this section is a Class 1 misdemeanor. "

On page 24 , after line 8, insert:

"Section 45. The attorney general may bring an action for a civil penalty against any person, political committee, political party, or organization that violates section 16 or 17 of this Act, in addition to any other penalties provided by law. The civil penalty may not exceed two thousand dollars for each violation."

On page 13, line 11 of the Senate engrossed bill, delete " file a statement " .

On page 13 , line 12, delete " As " and insert "Be filed as".

On page 21 , line 14, delete " shall be " and insert "is".

On page 21 , line 17, after " guilty " insert "of".

On page 24, after line 8 of the Senate engrossed bill, insert:

"Section 45. Any candidate or candidate campaign committee for legislative office that has spent less than ten thousand dollars and has received less than ten thousand dollars in contributions and loans by the fifteenth day before any primary or general election is only required to file a campaign finance disclosure statement containing the information required in subdivisions (1), (2), (8), (10), and (29) of section 24 of this Act before any election."

On page 24 of the Senate engrossed bill, delete lines 6 to 8 , inclusive.

On page 10, line 6 of the Senate engrossed bill, after " person, " insert "make a contribution disguised as a gift,".

On page 10 , line 8, after " contribution. " insert "No candidate may accept a contribution disguised as a gift."

Respectfully submitted,                         Respectfully submitted,
Larry Rhoden                                Dave Knudson
House Committee Chair                        Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Greenfield moved that the report of the Conference Committee on SB 31 as found on page 764 of the Senate Journal be adopted.

The question being on Sen. Greenfield's motion that the report of the Conference Committee on SB 31 be adopted.

And the roll being called:

Yeas 32, Nays 3, 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; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

Nays:
Kloucek; Koetzle; Two Bulls

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the report was adopted.

Sen. Tom Hansen moved that the report of the Conference Committee on SB 180 as found on page 764 of the Senate Journal be adopted.

The question being on Sen. Hansen's motion that the report of the Conference Committee on SB 180 be adopted.

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 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. Knudson moved that the report of the Conference Committee on HB 1048 as found on page 765 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1048 be adopted.

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Nays:
Abdallah; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

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. Dempster moved that the report of the Conference Committee on HB 1176 as found on page 764 of the Senate Journal be adopted.

The question being on Sen. Dempster's motion that the report of the Conference Committee on HB 1176 be adopted.

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 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. Knudson moved that the Senate do now recess until 4:15 p.m., which motion prevailed and at 2:10 p.m., the Senate recessed.

The Senate reconvened at 4:37 p.m., the President presiding.

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 5, the 38^th legislative day.

Which motion prevailed.

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1082 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do not concur with the Senate amendments and do not appoint a new committee.

Respectfully submitted,                         Respectfully submitted,
Larry Rhoden                                Dave Knudson
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 157 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 157 be amended as follows:

On page 1 of the House State Affairs Committee engrossed bill, remove the overstrikes from lines 6 to 13 , inclusive.

On page 2 , remove the overstrikes from lines 1 to 15 , inclusive, and insert ";".

On page 2 , line 15, before " "Fall " insert " (1B) ".

On page 2 , line 22, delete everything after " . "

On page 2 , delete line 23 .

On page 2 , line 24, delete everything before " When " .

On page 3 , line 5, delete " (1A) " and insert " (1C) ".

On page 3 , line 11, overstrike everything after " . "

On page 3 , delete line 12 .

On page 3 , line 15, delete everything before " $4,237.72 " .

On page 3, line 23, overstrike " 2006 is $4,237.72 " and insert " 2008 is $4,528.80 ".

On page 4 , line 5, before ";" insert:

" ; and

(c) The payment distributed pursuant to section 9, if applicable ".

On page 4 , line 21, overstrike " can never increase and " .

On page 5 , delete lines 10 to 24 , inclusive, and insert:

"Section 2. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to § 13-15-11 to provide for the education of children in grades seven through twelve who reside within the district, that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state.

Section 3. That § 13-6-92 be amended to read as follows:

13-6-92. If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13- 13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to July 1, 2007 , the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in this Act, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation. "

On page 6 , delete lines 1 to 15 , inclusive.

On page 6 , delete lines 20 to 24 , inclusive, and insert:

"Section 7. That § 13-13-1.4 be amended to read as follows:

13-13-1.4. If two or more school districts consolidate, for a period of four years after consolidation, the ~~adjusted average daily membership~~ small school adjustment for the newly formed district shall be based upon the average daily membership as defined in § 13-13-10.1 of those school districts that have not previously benefited from this section as they existed prior to consolidation. In years two to four, inclusive, after the consolidation, the relationship between the adjusted average daily membership and average daily membership shall be proportional to the relationship that existed for the first year calculated by subtracting the sum of the average daily membership of the consolidating districts as they existed prior to consolidation from the sum of the adjusted average daily membership of the consolidated districts as they existed prior to consolidation, and dividing the difference by the sum of the average daily membership of the consolidated districts as they existed prior to consolidation. The resulting quotient is multiplied by $4,237.72. Only school districts who have not previously benefited from this section may be included in this calculation . "

On page 7 , delete lines 1 to 4 , inclusive.

On page 8 , line 9, before " ; " insert " plus the amount of any payments received pursuant to section 9 of this Act ".

On page 14 , delete lines 7 to 24 , inclusive.

On page 15 , line 5, after " 13-6-47 " insert " after July 1, 2007 ".

On page 15 , line 6, after " transfer " insert " within twelve months of the reorganization ".

On page 15, after line 10 of the House State Affairs Committee engrossed bill, insert:

"Section 26. That § 13-13-72 be amended to read as follows:

13-13-72. It is the policy of the Legislature that the appropriation for the state aid to education foundation program increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. However, the increase in the per student allocation on an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in this policy. "

On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " education " .

On page 1 , line 2, delete everything before " . "

Respectfully submitted,                     Respectfully submitted,
Larry Rhoden                            Dave Knudson
House Committee Chair                    Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1171 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1171 be amended as follows:

On page 1, line 6 of the Senate engrossed bill, after " compensation. " insert "School districts are eligible to receive funds from the teacher compensation assistance program based on their fall enrollment numbers."

On page 1 , between lines 14 and 15, insert:

"The Legislature shall review the teacher compensation assistance program in 2012 to determine its effectiveness and to determine whether to continue the program."

On page 1 , delete line 15 , and insert:

"Section 2. The Teacher Compensation Assistance Program Oversight Board shall annually monitor the progress of participating school districts with their teacher compensation assistance plans, and submit its findings to the Board of Education."

On page 2 , delete lines 1 to 12 , inclusive.

Respectfully submitted,                     Respectfully submitted,
Larry Rhoden                            Dave Knudson
House Committee Chair                    Senate Committee Chair

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Knudson moved that the report of the Conference Committee on HB 1082 as found on page 768 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1082 be adopted.

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 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. Knudson moved that the report of the Conference Committee on SB 157 as found on page 768 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on SB 157 be adopted.

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Jerstad; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

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. Knudson moved that the report of the Conference Committee on HB 1171 as found on page 771 of the Senate Journal be adopted.

Sen. Apa moved the previous question.

Which motion prevailed.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1171 be adopted.

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton

Nays:
Bartling; Heidepriem; Hoerth; Hundstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Turbak; Two Bulls

So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion lost.

Sen. Knudson announced his intention to reconsider the vote by which the Conference Committee report on HB 1171 was not adopted.

Sen. Knudson moved that JR 5-13 be suspended for the sole purpose of placing on the calendar of Monday, March 5, the 38^th legislative day, reconsideration of the vote by which the Conference Committee report on HB 1171 was not adopted.

The question being on Sen. Knudson's motion that JR 5-13 be suspended for the sole purpose of placing on the calendar of Monday, March 5, the 38^th legislative day, reconsideration of the vote by which the Conference Committee report on HB 1171 was not adopted.

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 motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

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

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 31 and HB 1048.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

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

SB 43: FOR AN ACT ENTITLED, An Act to provide for the registration of tobacco retailers.

SB 195: FOR AN ACT ENTITLED, An Act to allow member schools of the South Dakota High School Activities Association to provide a portion of certain admissions fees to local organizations that support interscholastic activities.

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

HB 1041: FOR AN ACT ENTITLED, An Act to revise the fees for cosmetology, nail technology, and esthetics.

HB 1061: FOR AN ACT ENTITLED, An Act to offer a human papillomavirus (HPV) vaccination initiative, to transfer funds, and to declare an emergency.

HB 1063: FOR AN ACT ENTITLED, An Act to make an appropriation to fund state university information technology.

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the establishment of proof of compliance with applicable standards as due care in certain utility negligence claims.

HB 1139: FOR AN ACT ENTITLED, An Act to create and provide for the education enhancement tobacco tax fund and the health care tobacco tax fund.

HB 1155: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning wholesale drug distributors.

HB 1161: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of first degree robbery.

HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sales and distribution of tobacco products.

HB 1249: FOR AN ACT ENTITLED, An Act to establish the teen court grant program, to require the submission of a report, to provide for its purpose and funding, and to declare an emergency.

HB 1251: FOR AN ACT ENTITLED, An Act to continuously appropriate certain federal funds to the Commissioner of School and Public Lands and to require such funds to be set forth as informational items in the commissioner's budget.

HB 1266: FOR AN ACT ENTITLED, An Act to allow a home school student to partially enroll in the student's resident school district or in another school district under certain circumstances and to clarify certain testing requirements for students who are partially enrolled.

HB 1286: FOR AN ACT ENTITLED, An Act to require that records of archaeological sites be maintained and to provide that certain records remain confidential.

HB 1302: FOR AN ACT ENTITLED, An Act to revise the requirements for certain on-sale alcoholic beverage licenses.

And signed the same in the presence of the Senate.

Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 5:17 p.m. the Senate adjourned.

Trudy Evenstad, Secretary