The prayer was offered by the Chaplain, Rev. Susan Carr, followed by the Pledge of
Allegiance led by Senate page Kara Fischbach.
Roll Call: All members present except Sen. Gray who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-first day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
SENATE PAGE RESOLUTION 4 Introduced by: Senators Adelstein; Begalka; Bradford;
Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen, Tom; Haverly; Heineman;
Holien; Hundstad; Hunhoff, Jean; Johnston; Kraus; Krebs; Lederman; Maher; Nelson, Tom;
Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-sixth
Legislature of the State of South Dakota to Kara Fischbach, Peyton Healy, Max Kennedy,
Matilyn Kerr, Victoria Kinkler, Regan Olson, Sadie Stevens, Jesse Todd, Kaitlynn
Wornson
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-sixth
Legislative Session; and
WHEREAS, the members of the Eighty-sixth 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-sixth 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. Vehle moved that Senate Page Resolution 4 be adopted.
The question being on Sen. Vehle's motion that Senate Page Resolution 4 be adopted.
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Gray
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1128 which was tabled.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1235 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1093, which was removed from the table, and returns the same with the recommendation
that said bill be amended as follows:
13-6-97. 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. "
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Scott A. Vance of Meade County, Faith, South Dakota,
to the State Brand Board and returns the same with the recommendation that the Senate advise
and consent to the confirmation of said appointment.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration the nomination of Catherine M. Peterson of McCook County, Salem, South
Dakota, to the Game, Fish and Parks Commission and returns the same with the
recommendation that the Senate advise and consent to the confirmation of said appointment.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1087, 1219, and 1242 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1003 and 1145 and returns the same with the recommendation that said bills do pass.
The Committee on Judiciary respectfully reports that it has had under consideration the
nomination of Debra Flute of Roberts County, South Dakota, to the Board of Pardons and
Paroles and returns the same with the recommendation that the Senate advise and consent to the
confirmation of said reappointment.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1161 which was deferred to the 41st Legislative Day.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1245 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 55, 57, 93, 101, 114, 121, 158, and 187 and finds the
same correctly enrolled.
I have the honor to inform your honorable body that SB 81 and 123 were lost on second
reading and final passage.
I have the honor to return herewith SB 57, 93, 101, 114, 121, 158, and 187 which have
passed the House without change.
I have the honor to return herewith SB 77, 80, 109, and 151 which have been amended by
the House and your concurrence in the amendments is respectfully requested.
Sen. Frerichs moved that the Committee on Education be instructed to deliver HB 1229
to the floor of the Senate, pursuant to Joint Rule 7-7.
Which motion lost.
Sen. Cutler moved that the Committee on Judiciary be instructed to deliver HB 1184 to the
floor of the Senate, pursuant to Joint Rule 7-7.
Which motion was supported.
Sen. Olson moved that the Senate do concur in House amendments to SB 68.
The question being on Sen. Olson's motion that the Senate do concur in House
amendments to SB 68.
And the roll being called:
Yeas 29, Nays 3, Excused 3, Absent 0
Nays:
Bradford; Haverly; Vehle
Excused:
Gray; Maher; Tieszen
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. Schlekeway moved that the Senate do concur in House amendments to SB 130.
The question being on Sen. Schlekeway's motion that the Senate do concur in House
amendments to SB 130.
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Excused:
Gray; Tieszen
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. Peters moved that the Senate do concur in House amendments to SB 146.
The question being on Sen. Peters' motion that the Senate do concur in House amendments
to SB 146.
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Nays:
Hundstad
Excused:
Gray; Tieszen
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.
SCR 7: A CONCURRENT RESOLUTION, Urging Congress to enact legislation banning
bisphenol A in children's products.
Was read the second time.
Sen. Buhl moved that SCR 7 as found on page 537 of the Senate Journal be adopted.
The question being on Sen. Buhl's motion that SCR 7 be adopted.
And the roll being called:
Yeas 17, Nays 16, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Hundstad; Johnston; Krebs;
Lederman; Nelson (Tom); Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann
Nays:
Brown; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Maher;
Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Vehle
Excused:
Gray; Tieszen
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Olson moved that the reports of the Standing Committees on
Local Government on HB 1044 as found on page 584 of the Senate Journal; also
State Affairs on HB 1141 as found on page 585 of the Senate Journal; also
Health and Human Services on HB 1255 as found on page 586 of the Senate Journal be
adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Paul R.
Christen of Beadle County, Huron, South Dakota, to the South Dakota Science and Technology
Authority.
The question being "Does the Senate advise and consent to the executive appointment of
Paul R. Christen pursuant to the executive message as found on page 494 of the Senate
Journal?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Schlekeway; Sutton; Tidemann; Vehle
Excused:
Gray; Rhoden; Tieszen
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
Sen. Olson moved that HB 1231 be deferred to Monday, March 7, the 33rd legislative day.
Which motion prevailed.
Sen. Olson moved that HB 1230 be placed to precede HB 1033 on today's calendar.
Which motion prevailed.
HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development
fund, to provide for its administration, and to make an appropriation therefor.
Was read the second time.
Sen. Brown moved the previous question.
Which motion prevailed.
The question being "Shall HB 1230 pass?"
And the roll being called:
Yeas 28, Nays 4, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman;
Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup
(Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway;
Tidemann; Vehle
Nays:
Buhl; Frerichs; Hundstad; Sutton
Excused:
Bradford; Gray; Tieszen
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.
The question being "Shall HB 1033 pass as amended?"
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Nays:
Maher
Excused:
Gray; Tieszen
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.
HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.
Was read the second time.
The question being "Shall HB 1062 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle
Excused:
Gray; Tieszen
Sen. Olson moved that HB 1067, 1130, 1148, 1154, 1194, 1208, 1221, 1228, 1232, 1234,
1240, and 1244 be deferred to Monday, March 7, the 33rd legislative day.
Which motion prevailed.
The President publicly read the title to
SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from
snowmobiles.
SB 57: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain
employers and to declare an emergency.
SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to
a political action committee and to set a limit on contributions.
SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to
public records.
SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate
maintenance action be restrained from making changes to insurance coverage.
SB 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail
license for certain malt beverage and wine dealers.
SB 158: FOR AN ACT ENTITLED, An Act to toll the Department of Environment and
Natural Resources administrative rules on underground injection control Class III wells and in
situ leach mining until the department obtains primary enforcement authority of the comparable
federal programs.
SB 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy
inspection fund.
HB 1034: FOR AN ACT ENTITLED, An Act to repeal the requirement for motor vehicle
liability insurance safety rating discounts for certain older motor vehicle drivers.
HB 1053: FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice
to abutting counties when changing the county plan or ordinances.
HB 1149: FOR AN ACT ENTITLED, An Act to allow legal residents of the United States
to obtain a concealed pistol permit.
HB 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with
volunteer advanced life support personnel to establish deferred compensation plans.
HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of
certain out-of-state vehicles and motorcycles.
And signed the same in the presence of the Senate.
Sen. Buhl moved that the Senate do now adjourn, which motion prevailed and at 2:49 p.m.
the Senate adjourned.