JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 28, 2008

     The Senate convened at 10:30 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Levi Willms, followed by the Pledge of Allegiance led by Senate page Emily Helms.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Krebs, Carson, and Street 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 172.

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 187.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1120 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 as such committee Sens. McNenny, Lintz, and Jim Peterson.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Brunner, Hargens, and Howie 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 HB 1293.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1248 and has appointed Reps. Brunner, Gillespie, and Vanneman 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.

Respectfully,
Karen Gerdes, Chief Clerk


MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Ed Olson moved that the Senate do concur in House amendments to SB 201.

     The question now being on Sen. Olson's motion that the Senate do concur in House amendments to SB 201.

     And the roll being called:

     Yeas 27, Nays 0, Excused 8, Absent 0

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

     Excused:
Abdallah; Bartling; Dempster; Gray; Hunhoff; Koetzle; McCracken; Turbak Berry

     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 now recess until 1:00 p.m., which motion prevailed and at 11:07 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 1:00 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

February 28, 2008

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 27, 2008, I approved Senate Bills 2, 3, 6, 7, 13, 14, 15, 18, 21, 22, 24, 28, 29, 31, 32, 36, and 38, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor
REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered SB 176 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 176 be amended as follows:

176ab

     On page 2, line 2, of the House engrossed bill, delete "ninety-nine thousand nine hundred ninety-" and insert "one million six hundred thousand".

     On page 2, line 3, delete "nine".

     On page 2, line 4, delete "one dollar" and insert "one million three hundred forty-eight thousand dollars ($ 1,348,000 )".

     On page 2, line 5, delete "($1)".

     On page 2, between lines 6 and 7, insert:

    "Section 3. There is hereby appropriated from the general fund the sum of two hundred fifty-two thousand dollars ($ 252,000 ), or so much thereof as may be necessary, to the Legislative Research Council to complete renovation, construction, and completion of the facilities described in section 1 of this Act."


Respectfully submitted,                            Respectfully submitted,    
Larry Tidemann        Jean Hunhoff
House Committee Chair        Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1099 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                            Respectfully submitted                
Mike Vehle        Tom Hansen
House Committee Chair        Senate Committee Chair


Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1100 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1100 be amended as follows:

1100ja

     On page 2, line 2, of the Senate Judiciary Committee engrossed bill, delete "the arrest" and insert "any arrest report".

     On page 2, delete lines 3 and 4, and insert "of a parent following the response of law enforcement to a report of domestic abuse as defined in subdivision 25-10-1(1)."

Respectfully submitted,                            Respectfully submitted,
Mike Vehle        Tom Hansen
House Committee Chair        Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1294 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,
Bob Faehn        Bob Gray
House Committee Chair        Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1061, 1132, 1283, and 1320.

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 1080 and 1083.

Respectfully,
Karen Gerdes, Chief Clerk

ANNOUNCEMENT

     The President announced Sens. Greenfield, Gary Hanson, and Napoli 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 1248.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. Orville Smidt moved that the report of the Conference Committee on HB 1080 as found on page 660 of the Senate Journal be adopted.

     The question being on Sen. Smidt's motion that the report of the Conference Committee on HB 1080 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Kloucek; Koetzle; Maher

     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. Orville Smidt moved that the report of the Conference Committee on HB 1083 as found on page 660 of the Senate Journal be adopted.

     The question being on Sen. Smidt's motion that the report of the Conference Committee on HB 1083 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Kloucek; Koetzle; Maher

     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. Knudson moved that the Senate do now recess until 3:30 p.m., which motion prevailed and at 1:15 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 3:30 p.m., the President presiding.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1037 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1037 be amended as follows:

1037je

     On page 2, after line 5 of the Senate Commerce Committee engrossed bill, insert:

    "Section 3. That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

     Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report relevant to the employee's claim, to the employer. The employer shall, upon request, provide a copy of all medical records and reports received, to the employee, without cost to the employee."


1037stb

     On page 1, line 1, of the Senate Commerce Committee engrossed bill, delete "action on".

Respectfully submitted,        Respectfully submitted,
Tim Rounds        Royal "Mac" McCracken
House Committee Chair        Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1047 and has appointed Reps. Heineman, Buckingham, 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 as such committee Sens. Garnos, Duenwald, and Koetzle.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1069 and has appointed Reps. Pitts, Vehle, and Sigdestad 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. McNenny, Tom Hansen, and Bartling.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1076 and has appointed Reps. Putnam, Turbiville, 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 as such committee Sens. Albers, McCracken, and Nesselhuf.


Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1087 and has appointed Reps. Tidemann, Noem, and Glenski 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. Apa, Hunhoff, and Maher.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1300 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 as such committee Sens. Knudson, Gray, and Heidepriem.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1124 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.

Respectfully,
Karen Gerdes, Chief Clerk

     The President announced as such committee Sens. Knudson, Gray, and Heidepriem.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. Hunhoff moved that the report of the Conference Committee on SB 176 as found on page 694 of the Senate Journal be adopted.

     The question being on Sen. Hunhoff's motion that the report of the Conference Committee on SB 176 be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0



     Yeas:
Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; 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

     Excused:
Abdallah; Apa; Heidepriem

     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 HB 1099 as found on page 694 of the Senate Journal be adopted.

     The question being on Sen. Hansen's motion that the report of the Conference Committee on HB 1099 be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; 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

     Excused:
Abdallah; Apa; Heidepriem

     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. Tom Hansen moved that the report of the Conference Committee on HB 1100 as found on page 695 of the Senate Journal be adopted.

     The question being on Sen. Hansen's motion that the report of the Conference Committee on HB 1100 be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; 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

     Excused:
Abdallah; Apa; Heidepriem

     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. Gray moved that the Senate do not adopt the report of the Conference Committee on HB 1294 as found on page 695 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Gray's motion to not adopt the report of the Conference Committee on HB 1294 and to not appoint a new committee.

     And the roll being called:

     Yeas 26, Nays 6, Excused 3, Absent 0

     Yeas:
Albers; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Bartling; Greenfield; Koetzle; McNenny; Peterson (Jim); Two Bulls

     Excused:
Abdallah; Apa; Heidepriem

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

     Sen. Knudson moved that the report of the Conference Committee on HB 1037 be immediately considered.

     Which motion prevailed and the report of the Conference Committee on HB 1037 was up for immediate consideration.

     Sen. McCracken moved that the report of the Conference Committee on HB 1037 as found on page 697 of the Senate Journal be adopted.



     The question being on Sen. McCracken's motion that the report of the Conference Committee on HB 1037 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; 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

     Excused:
Apa

     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.

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

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1293 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 to HB 1293 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Thomas Brunner    Jim Lintz
House Committee Chair    Senate Committee Chair

     Sen. Knudson moved that the report of the Conference Committee on HB 1293 be immediately considered.

    Which motion prevailed and the report of the Conference Committee on HB 1293 was up for immediate consideration.



CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Lintz moved that the Senate do not adopt the report of the Conference Committee on HB 1293 as found on page 702 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Lintz's motion to not adopt the report of the Conference Committee on HB 1293 and to not appoint a new committee.

     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 Berry; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

     Sen. Knudson moved that the Senate do now recess until 6:00 p.m., which motion prevailed and at 4:00 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 6:00 p.m., the President presiding.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1248 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,
Thomas Brunner    Brock Greenfield
House Committee Chair    Senate Committee Chair

     Sen. Knudson moved that the report of the Conference Committee on HB 1248 be immediately considered.



     Which motion prevailed and the report of the Conference Committee on HB 1248 was up for immediate consideration.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Gary Hanson moved that the report of the Conference Committee on HB 1248 as found on page 703 of the Senate Journal be adopted.

     The question being on Sen. Hanson's motion that the report of the Conference Committee on HB 1248 be adopted.

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

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

     Nays:
Napoli

     Excused:
Duenwald; Garnos; Koetzle; Schmidt (Dennis)

     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 9:30 p.m., which motion prevailed and at 6:09 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 9:30 p.m., the President presiding.

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered SB 172 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and

recommends that the Senate do not concur with the House amendments to SB 172 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Gene Abdallah
House Committee Chair    Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1069 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all House and Senate amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,    Respectfully submitted,
Carol Pitts    Kenneth McNenny
House Committee Chair    Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1087 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1087 be amended as follows:

1087ag


     On page 3, line 1, of the Senate engrossed bill, delete "311,073,555" and insert "311,197,590".

Respectfully submitted,    Respectfully submitted,
Larry Tidemann    Jerry Apa
House Committee Chair    Senate Committee Chair

Also MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1047 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1047 be amended as follows:


1047cg

     On page 1, line 3, of the Senate engrossed bill, delete "one dollar ($1)" and insert "two million twenty-five thousand dollars ($2,025,000)".

Respectfully submitted,    Respectfully submitted,
Phyllis Heineman    Cooper Garnos
House Committee Chair    Senate Committee Chair

     Sen. Gray moved that the reports of the Conference Committees on SB 172, HB 1069, 1087, and 1047 be immediately considered.

     Which motion prevailed and the reports of the Conference Committees on SB 172, HB 1069, 1087, and 1047 were up for immediate consideration.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Abdallah moved that the Senate do not adopt the report of the Conference Committee on SB 172 as found on page 704 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. Abdallah's motion to not adopt the report of the Conference Committee on SB 172 and to not appoint a new committee.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McNenny; Napoli; Nesselhuf; Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Gray; Greenfield; Kloucek; Koetzle; Maher; Peterson (Jim)

     Excused:
McCracken; Olson (Ed)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.


     Sen. McNenny moved that the report of the Conference Committee on HB 1069 as found on page 705 of the Senate Journal be adopted.

     The question being on Sen. McNenny's motion that the report of the Conference Committee on HB 1069 be adopted.

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Abdallah; Gant; Napoli

     Excused:
Olson (Ed)

     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. Apa moved that the report of the Conference Committee on HB 1087 as found on page 705 of the Senate Journal be adopted.

     The question being on Sen. Apa's motion that the report of the Conference Committee on HB 1087 be adopted.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Gray; Kloucek; Koetzle; Maher

     Excused:
Olson (Ed)


     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. Garnos moved that the report of the Conference Committee on HB 1047 as found on page 705 of the Senate Journal be adopted.

     The question being on Sen. Garnos' motion that the report of the Conference Committee on HB 1047 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
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; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah

     Excused:
Olson (Ed)

     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.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 27, 53, 54, 123, 126, 134, 143, 162, 180, 186, 188, 190, and 192 and finds the same correctly enrolled.



Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 201 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 27: FOR AN ACT ENTITLED, An Act to  revise the state requirement for inspection of school food service programs.

     SB 53: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to capital punishment.

     SB 54: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

     SB 123: FOR AN ACT ENTITLED, An Act to  provide for certain requirements for the sale and purchase of nonferrous metal property.

     SB 126: FOR AN ACT ENTITLED, An Act to  allow municipalities and counties to issue additional on-sale alcoholic beverage licenses.

     SB 134: FOR AN ACT ENTITLED, An Act to  increase the pesticide registration fee, to revise its allocation, to revise certain related provisions, and to declare an emergency.

     SB 143: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding collection and administration of the 911 emergency surcharge and operation of 911 services.

     SB 162: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the confidentiality of certain geological reports.

     SB 180: FOR AN ACT ENTITLED, An Act to  make an appropriation to provide certain refunds of sales tax on food.

     SB 186: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding public records.

     SB 188: FOR AN ACT ENTITLED, An Act to  establish high performance building design and construction standards for newly constructed or renovated state-owned buildings.


     SB 190: FOR AN ACT ENTITLED, An Act to  provide for regulatory oversight of oil pipelines and to create a task force.

     SB 192: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to lease a site for delivery of public higher education in Pierre and to use money appropriated by the Legislature from the higher education facilities fund to make lease payments therefor.

     SB 201: FOR AN ACT ENTITLED, An Act to  revise certain eligibility requirements for the South Dakota opportunity scholarship.

     HB 1149: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding protection orders granted upon a finding of domestic abuse.

     HB 1162: FOR AN ACT ENTITLED, An Act to  prohibit the branding of a minor and to provide a penalty therefor.

     HB 1233: FOR AN ACT ENTITLED, An Act to  bring transparency to state spending by requiring the Bureau of Finance and Management to create a website making certain state government information available to the public.

     HB 1242: FOR AN ACT ENTITLED, An Act to  require the Department of Education and the Board of Regents to establish certain programs for children who are deaf and hard-of- hearing.

     HB 1251: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to acquire land for the Higher Education Center_West River.

     HB 1263: FOR AN ACT ENTITLED, An Act to  establish a hunter mentoring program, to authorize hunting under certain conditions by persons less than sixteen years of age, and to authorize the Game, Fish and Parks Commission to promulgate rules.

     HB 1265: FOR AN ACT ENTITLED, An Act to  prohibit the sale, purchase, use, or possession of alcohol without liquid devices.

     And signed the same in the presence of the Senate.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 9:30 a.m. on Friday, February 29, the 34th legislative day.

     Which motion prevailed.


     Sen. Jim Peterson moved that the Senate do now adjourn, which motion prevailed and at 9:50 p.m. the Senate adjourned.

Trudy Evenstad, Secretary