The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-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.
"Section 2. That section 3 of chapter 25 of the 2007 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE AND REGULATION
Secretariat
Operating Expenses, General Funds, delete "$53,128" and insert "$203,128"
Adjust all totals accordingly."
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1097.
I have the honor to return herewith SB 15 which has been amended by the House and your
concurrence in the amendments is respectfully requested.
Also MR. PRESIDENT:
I have the honor to return herewith SB 2, 3, 21, 25, and 163 which have passed the House
without change.
Also MR. PRESIDENT:
I have the honor to return herewith SCR 12 in which the House has concurred.
Also MR. PRESIDENT:
Sen. Knudson moved that HB 1047 and 1250 be deferred to Thursday, February 21, the
28th legislative day.
Which motion prevailed.
HB 1090: FOR AN ACT ENTITLED, An Act to require that most records and applications
regarding a child reference the names and addresses of both parents.
Was read the second time.
The question being "Shall HB 1090 pass as amended?"
And the roll being called:
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.
HJR 1001: A JOINT RESOLUTION, To propose a constitutional amendment to repeal
certain provisions of the State Constitution relating to corporations.
Was read the second time.
The question being "Shall HJR 1001 pass?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Nays:
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
Yeas 32, Nays 3, Excused 0, Absent 0
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson
(Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson;
Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Smidt (Orville); Sutton; Turbak Berry; Two Bulls
Apa; Greenfield; Schmidt (Dennis)
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus;
Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls
Kloucek
HB 1148: FOR AN ACT ENTITLED, An Act to exempt the land application of certain
solid waste used for irrigation purposes from requirements related to large-scale solid waste
facilities.
Was read the second time.
The question being "Shall HB 1148 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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.
Was read the second time.
The question being "Shall HB 1210 pass as amended?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, 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.
HB 1245: FOR AN ACT ENTITLED, An Act to clarify certain purposes and
characteristics of water development districts, to revise the boundaries of the Central Plains,
East Dakota, Vermillion Basin, James River, and South Central water development districts, and
to revise provisions related to the board of directors in the affected districts.
Was read the second time.
The question being "Shall HB 1245 pass as amended?"
And the roll being called:
Yeas 29, Nays 6, Excused 0, 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.
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 Berry; Two Bulls
HB 1210: FOR AN ACT ENTITLED, An Act to prohibit recyclers, scrap metal dealers,
or scrap yard operators from purchasing certain beer kegs.
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; 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 Berry; Two Bulls
Apa; Hansen (Tom)
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary);
Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle;
Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton;
Turbak Berry; Two Bulls
Apa; Duenwald; Greenfield; McNenny; Napoli; Schmidt (Dennis)
The question being on the title.
HB 1288: FOR AN ACT ENTITLED, An Act to allow any school district that qualifies
for both the declining enrollment allowance and the growing enrollment payment in the same
fiscal year to only benefit from the one that provides the most additional funding to the district.
Was read the second time.
The question being "Shall HB 1288 pass?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
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; McCracken; McNenny; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls
Which request was supported.
The question being on Sen. Apa's motion that HB 1293 be further amended.
And the roll being called:
Yeas 18, Nays 17, Excused 0, Absent 0
Yeas:
Albers; Apa; Duenwald; Gant; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Jerstad;
Katus; Kloucek; Lintz; Maher; McNenny; Schmidt (Dennis); Smidt (Orville); Sutton
Nays:
Abdallah; Bartling; Dempster; Garnos; Gray; Hansen (Tom); Hundstad; Hunhoff; Knudson;
Koetzle; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Turbak Berry; Two Bulls
So the motion having received an affirmative vote of a majority of the members present,
the President declared the motion carried.
And the roll being called:
Yeas 25, Nays 10, Excused 0, Absent 0
Yeas:
Nays:
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.
HJR 1004: A JOINT RESOLUTION, To propose a constitutional amendment to provide
for a maximum of forty legislative days each year.
Was read the second time.
The question now being "Shall HB 1293 pass as amended?"
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hanson (Gary); Hauge;
Heidepriem; Hoerth; Hundstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken;
McNenny; Nesselhuf; Peterson (Jim); Smidt (Orville); Sutton
Abdallah; Gray; Hansen (Tom); Hunhoff; Jerstad; Napoli; Olson (Ed); Schmidt (Dennis);
Turbak Berry; Two Bulls
Sen. Heidepriem requested a roll call vote.
Which request was supported.
The question being on Sen. Gray's motion that HJR 1004 be amended.
And the roll being called:
Yeas 12, Nays 23, Excused 0, Absent 0
Yeas:
Abdallah; Apa; Duenwald; Gant; Garnos; Gray; Greenfield; Hauge; Lintz; McCracken; Napoli;
Schmidt (Dennis)
Nays:
Albers; Bartling; Dempster; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad;
Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McNenny; Nesselhuf; Olson (Ed);
Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question now being "Shall HJR 1004 pass?"
And the roll being called:
Yeas 24, Nays 11, Excused 0, Absent 0
Yeas:
Nays:
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1051 pass as amended?"
And the roll being called:
Yeas 13, Nays 22, Excused 0, Absent 0
Yeas:
Nays:
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
HB 1115: FOR AN ACT ENTITLED, An Act to continue to appropriate funds to provide
cochlear implants to certain children.
Was read the second time.
The question being "Shall HB 1115 pass?"
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Yeas:
Nays:
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 1142 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, 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.
HB 1255: FOR AN ACT ENTITLED, An Act to provide for the titling and registration of
certain low-speed vehicles.
Was read the second time.
The question being "Shall HB 1255 pass as amended?"
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Yeas:
Nays:
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 1277 pass?"
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.
There being no objection, the Senate reverted to Order of Business No. 5.
Abdallah; Albers; Bartling; Dempster; Garnos; Hanson (Gary); Heidepriem; Hoerth; Hundstad;
Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Nesselhuf; Olson
(Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls
Apa; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hauge; Lintz; McNenny; Napoli;
Schmidt (Dennis)
HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
payment of additional funds to consolidated school districts.
Abdallah; Dempster; Duenwald; Garnos; Gray; Hansen (Tom); Hunhoff; Knudson; Lintz;
McCracken; McNenny; Olson (Ed); Smidt (Orville)
Albers; Apa; Bartling; Gant; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad;
Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis);
Sutton; Turbak Berry; Two Bulls
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Katus; Kloucek; Knudson;
Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim);
Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls
Greenfield; Jerstad
HB 1142: FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor
licenses in certain municipalities.
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Katus; Kloucek;
Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed);
Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry
Apa; Jerstad; Smidt (Orville); Two Bulls
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom);
Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek;
Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt
(Dennis); Smidt (Orville); Sutton; Two Bulls
Apa; Gray; Knudson; Olson (Ed); Turbak Berry
HB 1277: FOR AN ACT ENTITLED, An Act to make appropriations from the general
fund, the water and environment fund, the environment and natural resources fee fund, the water
pollution control revolving fund subfund, and the drinking water revolving fund subfund for
various water and environmental purposes, to revise the state cost share for the Lewis and Clark
Rural Water System, to revise the state water plan, and to declare an emergency.
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 Berry; Two Bulls
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1037 and has appointed Reps. Rounds, Willadsen, and Miles 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 as such committee Sens. McCracken, Gant, and Turbak Berry.
Okiciyapi Habitat for Humanity, Habitat for Humanity Midwest Resource Center; and
StarMark, Sioux Falls, Habitat for Humanity_South Dakota, Inc.
The President publicly read the title to
SB 2:
FOR AN ACT ENTITLED, An Act to
prohibit public access to birth dates of voters
contained in the master voter registration file.
SB 3:
FOR AN ACT ENTITLED, An Act to
revise certain procedures concerning elections
for special districts and to declare an emergency.
SB 21:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
interstate enrollment options program.
SB 25:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the
calculation of state aid to education.
SB 163:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
initiation of modifications to county comprehensive plans.
HJR 1003: A JOINT RESOLUTION, To propose a constitutional amendment to repeal
certain reimbursement restrictions for travel by legislators to and from a legislative session.
HB 1006:
FOR AN ACT ENTITLED, An Act to
revise certain tax levy limitations and
property tax levies for school districts.
HB 1015:
FOR AN ACT ENTITLED, An Act to
provide for the transfer of the state's
interests in the Mobridge National Guard Armory to the city of Mobridge.
HB 1017:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
taxation of products transferred electronically.
HB 1041:
FOR AN ACT ENTITLED, An Act to
provide a preference for the procurement
of biobased products.
HB 1058:
FOR AN ACT ENTITLED, An Act to
increase the maximum amount allowable
for the livestock ownership inspection fee.
HB 1079:
FOR AN ACT ENTITLED, An Act to
revise the tax credit for certain renewable
resource energy systems.
HB 1093:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
custody, service, and earnings of children.
HB 1123:
FOR AN ACT ENTITLED, An Act to
establish a state renewable and recycled
energy objective and to provide certain reporting requirements.
HB 1191:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
display of customized motorcycles at certain events.
HB 1194:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding group
life insurance policies.
HB 1240:
FOR AN ACT ENTITLED, An Act to
increase certain vehicle dealer license
fees.
HB 1247:
FOR AN ACT ENTITLED, An Act to
prohibit certain contract restrictions on
the sale of renewable motor fuels by retailers.
HB 1276:
FOR AN ACT ENTITLED, An Act to
make an appropriation to fund tax refunds
for elderly persons and persons with a disability of property tax and sales tax and to revise the
income eligibility requirements for property tax and sales tax refunds.
And signed the same in the presence of the Senate.
HB 1005:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
assessment of real property, to assess agricultural land based on its agricultural income value,
to create an implementation and oversight advisory task force, to repeal certain provisions
regarding the assessment of property, and to repeal the nonagricultural acreage classification.
Sen. Katus moved that the Senate do now adjourn, which motion prevailed and at
3:53 p.m. the Senate adjourned.