JOURNAL OF THE SENATE

SPECIAL SESSION OF THE

NINETY-SECOND LEGISLATIVE ASSEMBLY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, June 12, 2017

BE IT REMEMBERED, That on the twelfth day of June, A.D., two thousand seventeen, at the hour of ten o'clock meridian, being the day and hour named by the Honorable Dennis Daugaard, Governor of the state of South Dakota, for the convening of the Legislature in Special Session, the Senate of the state of South Dakota was called to order by Lieutenant Governor Matt Michels in the Senate Chamber in the Capitol, in the city of Pierre, the seat of our government.

The following prayer was offered by the Chaplain, Rev. John Armstrong, Oahe Presbyterian Church:

We give You thanks, O God, that Your grace is present
with us today, during this special legislative session.

    The purpose of this special session is important to the
    people of our state... and it is potentially a divisive issue.
    As the Senate meets, we seek Your intervention in a
    powerful way...give them wisdom and discernment...
    Give them hearts of patience and understanding.

    Lord, grant depth of perceptions...and clear analysis...
    And creative responses- so that the needs of the people
     of our state will be met.

Guide all parties as they meet today.

Amen.

The Pledge of Allegiance to the flag of the United States was given by all present.

Elected members of the Senate were certified by SHANTEL KREBS , Secretary of State of the state of South Dakota, on January 10, 2017.

The list of which shall be entered in the Journal.

        Jim Bolin                        Reynold F. Nesiba
        Gary Cammack                    Jenna Netherton
        Justin R. Cronin                    Al Novstrup
        R. Blake Curd                        Ernie Otten
        Bob Ewing                        Jeffrey D. Partridge
        Jason Frerichs                        Deb Peters
        Brock L. Greenfield                    Arthur L. Rusch
        Terri Haverly                        Lance S. Russell
        Troy Heinert                        Deb Soholt
        Phil Jensen                        Alan Solano
        Craig Kennedy                    Jim Stalzer
        Kevin Killer                        Billie H. Sutton
        Joshua Klumb                    Neal Tapio
        Jack Kolbeck                        Larry Tidemann
        Kris Langer                        Jim White
        Ryan Maher                        John Wiik
        Jeff Monroe                        Jordan Youngberg
        Stace Nelson

When the roll was called, all members were present except Sens. Netherton and Peters who were excused.

MOTIONS AND RESOLUTIONS

Sen. Curd moved that the Senate do now proceed with the organization of the Senate.
Which motion prevailed.

Sen. Curd moved that Sen. Brock L. Greenfield be elected President Pro tempore of the Senate for the Special Session of the Ninety-second Legislative Session and the Ninety-third Legislative Session.

The question being on Sen. Curd's motion that Sen. Greenfield be elected President Pro tempore of the Senate for the Special Session of the Ninety-second Legislative Session and the Ninety-third Legislative Session.

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Russell; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Heinert; Otten (Ernie); Partridge; Rusch; Soholt; Solano

Excused:
Netherton; Peters

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

Sen. Curd moved that Kay Johnson be elected Secretary of the Senate for the Special Session of the Ninety-second Legislative Session.

The question being on Sen. Curds's motion that Kay Johnson be elected Secretary of the Senate for the Special Session of the Ninety-second Legislative Session.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Netherton; Peters

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

The oath of office was administered to the officers Brock L. Greenfield and Kay Johnson by the Honorable Steve Zinter, Justice of the Supreme Court of the state of South Dakota.

Which was subscribed to and placed on file in the office of the Secretary of State.

President Pro tempore Greenfield appointed the following employees for the Special Session of the Ninety-second Legislative Session:

    First Assistant to the Secretary: Judy Rapp
    Second Assistant to the Secretary: Jill Wellhouse
    Third Assistant to the Secretary: Carol Nowak
    Sergeant at Arms: Dave Bonde
    Assistant Sergeant at Arms: Gary Hoscheid

The oath of office was administered to the following employees by the Honorable Steve Zinter, Justice of the Supreme Court of the state of South Dakota, and the same were filed in the office of the Secretary of State:

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.

Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the Joint Rules for the Special Session of the Ninety-second Legislative Session.

Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the Senate and House for the

Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die for the Special Session of the Ninety-second Legislative Session.

Which motion prevailed and the President announced as such committee Sens. Langer, Ewing, and Killer.

The President announced the appointment of the Legislative Procedure Committee:

**Greenfield (Brock), *Haverly, Curd, Novstrup, Langer, Maher, Frerich

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 10:30 a.m., June 12, 2017.

That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

That when the message of the Governor has been received, the Joint Session be dissolved.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor be adopted.

Which motion prevailed.

Also MR. PRESIDENT:

Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted, Respectfully submitted,

Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

Sen. Curd moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make be adopted.

Which motion prevailed.

Also MR. PRESIDENT:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-second Legislative Session be adopted with the following exceptions:

Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Ninety-second Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that printing the rules in the journal be dispensed with:

Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense with the referral of a bill or resolution to a standing committee.

Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing apply to the Special Session. Any legislator may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation.

Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies necessary to carry out the activities of the respective houses.

Special Rule No. 4: The rules dealing with a call of the house do not apply to the Special Session, except that the attendance may be compelled by the presiding officer of any member who has answered the initial roll call each day.

Special Rule No. 5: Rule 5-17 and Rule 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, do not apply to the Special Session. The placement of bills or resolutions on the calendar for second reading is determined by a majority vote of the members-present.

Special Rule No. 6: Rules dealing with the order of business prevail. However, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up any item of action by this vote. The proclamation calling the Legislature into Special Session governs the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.

    Special Rule No. 7: Rules dealing with fiscal notes do not apply to the Special Session.

    Special Rule No. 8: The rules dealing with the printing and distribution of bills or resolutions do not apply to the Special Session, and the Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.

Special Rule No. 9: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal, make the necessary corrections, and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Ninety-second Legislative Session.

Special Rule No. 10: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.

Respectfully submitted,     Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

Sen. Curd moved that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Ninety-second Legislative Session be adopted.

The question being on Sen. Curd's motion that the report of the Joint-Select Committee relative to the joint rules for the Special Session of the Ninety-second Legislative Session be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Netherton; Peters

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

Also MR. PRESIDENT:

Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

Sen. Curd moved that the report of the Joint-Select Committee relative to compensation for the elected and appointed officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session be adopted.

The question being on Sen. Curd's motion that the report of the Joint-Select Committee relative to compensation for the elected and appointed officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Netherton; Peters

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

Sen. Curd moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:30 a.m., the Senate recessed.

Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

The following prayer was delivered by Pastor Craig Wexler, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

God of Love _ give us this coming time together as a time of diligence, listening, graciousness, and cooperation. May we listen to one another with open hearts and open minds. Help us to be slow in word and action, and quick to listen and discern. Guide us so that all responsible parties and voices might speak freely and thoughtfully as we have all been called and elected into this role of decision making political cooperation.

    God of grace _ Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten, Ernie; Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg.

The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.

Sen. Curd moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

Which motion prevailed and the President appointed as such committee Sens. Greenfield, Curd, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Hawley, and Bartling on the part of the House.

The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the Governor's Address on Non-Meandered Waters.

Sen. Curd moved that the Joint Session do now dissolve.

Which motion prevailed.

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

Sen. Curd moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 1:01 p.m., the Senate recessed.

The Senate reconvened at 2:20 p.m., the President presiding.

Sen. Curd moved that the Senate do now recess until 2:50 p.m., which motion prevailed and at 2:21 p.m., the Senate recessed.

The Senate reconvened at 3:34 p.m., the President presiding.

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

MESSAGES FROM THE HOUSE

Unless there is an objection, the President waived the reading of the messages.

MR. PRESIDENT:

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the House and Senate for the Special Session of the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Haggar, Kent Peterson, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the two houses to receive the message of the Governor.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Haggar, Kent Peterson, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session of the Ninety-second Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to fixing the compensation of the elected and appointed officers and employees of the Senate and House for the Special Session of the Ninety-second Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging a Joint Session of the two houses to receive the message of the Governor.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1001 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

Was read the first time.

The President waived the referral of HB 1001 to committee pursuant to the provisions of Special Rule No. 1, and it was up for immediate consideration.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

Was read the second time.

Sen. Kennedy moved that HB 1001 be amended as follows:

On page 1, line 8, of the printed bill, delete "and".

On page 1, line 13, after "Act" insert "; and

(3) That recreation is a beneficial use of water held in the public trust".

On page 2, line 14, delete "recreational use of" and insert "access to".

On page 2, line 19, delete "recreational use of" and insert "access to".

On page 3, line 2, delete "under" and insert "in section 9 of".

Sen. Frerichs moved that Sen. Kennedy's amendment to HB 1001 be amended as follows:

On the pending amendment (1001jc), in subdivision (3), before "beneficial" insert "subordinate".

Which motion prevailed.

The question being on Sen. Kennedy's motion that HB 1001 be amended.

Which motion lost.

Sen. Partridge moved that HB 1001 be amended as follows:

On page 7, line 22 of the printed bill, delete "July 1, 2021" and insert "June 30, 2018".

Sen. Langer requested a roll call vote.

Which request was supported.

The question being on Sen. Partridge's motion that HB 1001 be amended.

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

Yeas:
Bolin; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Cammack; Frerichs; Klumb; Rusch

Excused:
Netherton; Peters

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

The question being "Shall HB 1001 pass as amended?"

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Russell

Excused:
Netherton; Peters

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. 8.

MOTIONS AND RESOLUTIONS

SCR 1 Introduced by: Senators Nelson, Jensen (Phil), and Tapio and Representative Pischke

A CONCURRENT RESOLUTION, to instruct the Governor to re-open many of the nonmeandered lakes closed by the Department of Game, Fish and Parks for recreational use to give the Legislature more time to come to a workable solution.

WHEREAS, in August, 2014, certain landowners filed a lawsuit against the Department of Game, Fish and Parks and the State seeking an injunction and declaratory relief that the public did not have the right to use the water and ice overlying their private property; and

WHEREAS, the nonmeandered lakes at issue in the case were Duerre Lake and Jesse Slough in Day County; and

WHEREAS, through the appeals process the case made it to the Supreme Court of South Dakota and the court issued the opinion of Duerre v. Hepler, 892 N.W.2d 209 (2017); and

WHEREAS, the court held that, "until the Legislature acts, neither the public nor the Landowners have a superior right to use the waters and ice overlying the Landowners' private property. Similarly, until the Legislature acts, the GF&P and other State defendants cannot facilitate access for members of the public to enter or use the waters and ice overlying the Landowners' private property for recreational purposes,"; and

WHEREAS, the court decision should have only applied to the two nonmeandered lakes in the court case; however, in response to the Duerre decision the executive branch unnecessarily decided to restrict access to twenty-five popular nonmeandered lakes across the state; and

WHEREAS, several local business owners are being greatly and negatively affected because the executive branch, through the Department of Game, Fish and Parks, is no longer facilitating public recreational access to nonmeandered lakes in the state; and

WHEREAS, many businesses are suffering a substantial loss of income from sportsmen, some as high as an eighty-five percent income loss from this point last year; and

WHEREAS, unless the twenty-five nonmeandered lakes are opened in the immediate future, many local small businesses will be irreparably harmed by the lack of tourism and recreational dollars coming into the community:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Special Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges the Governor to exercise his authority and re-open the nonmeandered lakes of: Casey's Slough, Cottonwood GPA, Dry #1, Dry #2, and Swan in Clark County; Deep and Goose in Codington County; East Krause, Lynn, Middle Lynn, and Reetz in Day County; North Scatterwood in Edmunds County; Three Buck in Hamlin County; Bullhead and Cattail-Kettle in Marshall County; Keisz in McPherson County; Grass, Loss, Scott, and Twin in Minnehaha County; Twin in Sanborn County; Cottonwood and Mud in Spink County; Cottonwood in Sully County; and Dog Ear in Tripp County; and

BE IT FURTHER RESOLVED, if the nonmeandered lakes are opened to recreational access local business will be able to get back to business as usual and the Legislature will have the time it needs to craft a more workable solution that is fair to all.

Was read the first time.

The President waived referral of SCR1 to committee pursuant to the provisions of Special Rule No. 1.

The President declared that SCR 1 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

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

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 1001 and has appointed Reps. Qualm, Rhoden, and Hawley 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. Cammack, Partridge, and Frerichs.

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1001.

Respectfully,
Arlene Kvislen, Chief Clerk

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1001 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,
Gary Cammack                    Lee Qualm
House Committee Chair                Senate Committee Chair

Sen. Cammack moved that the report of the Conference Committee on HB 1001 as found on page 17 of the Senate Journal be adopted.

The question being on Sen. Cammack's motion that the report of the Conference Committee on HB 1001 be adopted.

And the roll being called:

Yeas 26, Nays 2, Excused 7, Absent 0

Nays:
Kennedy; Nesiba

Excused:
Heinert; Jensen (Phil); Killer; Nelson; Netherton; Peters; Russell

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.

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Ninety-second Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 9:10 p.m., June 12, 2017.

Respectfully submitted,                        Respectfully submitted,
G. Mark Mickelson                            Kris Langer
Lee Qualm                                    Bob Ewing
Spencer Hawley                                Kevin Killer
House Committee                                Senate Committee

Sen. Curd moved that the report of the Joint-Select Committee relative to fixing the time of adjournment sine die for the Special Session of the Ninety-second Legislative Session be adopted

Which motion prevailed.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Special Session of the Ninety-second Legislative Session.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to provide for public recreational use of certain waters overlying public and private property and to declare an emergency.

And signed the same in the presence of the Senate.

The following prayer was offered by Lt. Governor Matt Michels.

    God of wisdom and compassion, we thank you for Your
    presence with us throughout this day. Grant us peace
    of mind and heart, grant us Your care, go with us as we
    leave this place.

Amen.

Sen. Cammack moved that the Senate do now adjourn sine die, which motion prevailed and at 9:10 p.m. the Senate adjourned.

Kay Johnson, Secretary