The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB
24,
195,
205,
216, and
246 and tabled the same.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SJR
3 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration
SB
184 and
236 which were deferred to the 41st Legislative Day.
"(1) Establish the program in the form of a trust to be declared by the council or in such
other form as the council may determine;".
Also MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB
71
and tabled the same.
Also MADAM PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
SB
164 which was deferred to the 41st Legislative Day.
"Section 2. That
§
10-13-37.1
be amended to read as follows:
10-13-37.1.
For purposes of
§
§
10-3-41, 10-12-31.1, and 10-13-37, the secretary of revenue
shall calculate a factor for each county for the agricultural and nonagricultural valuations. The
factor shall be calculated by using the sales of arms-length transactions and the assessments
from the preceding assessment year. The secretary shall take into consideration any reappraisals
completed by the director of equalization. If there are less than fifteen sales of either class, the
secretary shall use the preceding year's sales of that class with current assessments. In the case
of agricultural land, sales may also be bridged in from adjoining counties if there are less than
fifteen sales.
The secretary of revenue shall calculate all factors pursuant to this section no later
than March first.
Section 3. That
§
10-11-43
be amended to read as follows:
10-11-43.
An appeal from the Office of Hearing Examiners to circuit court may be taken by
the parties to the appeal and interveners before the Office of Hearing Examiners. The appeal
shall be taken and conducted pursuant to the provisions of chapter 1-26.
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB
138
and tabled the same.
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration
SB
197,
200, and
230 which were deferred to the 41st Legislative Day.
MADAM PRESIDENT:
I have the honor to return herewith SB 29, 80, and 105 which have passed the House
without change.
Also MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1005 and HCR 1003.
I have the honor to transmit herewith HB 1180, 1201, 1202, 1275, 1280, and 1291 which
have passed the House and your favorable consideration is respectfully requested.
Also MADAM PRESIDENT:
Yesterday, Sen. Larry Diedrich announced his intention to reconsider the vote by which
SB 210 lost.
Sen. Diedrich moved that the Senate do now reconsider the vote by which SB 210 lost.
And the roll being called:
Yeas 22, Nays 11, Excused 2, Absent 0
Yeas:
Nays:
Excused:
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SB 210 was up for reconsideration and final passage.
Sen. Diedrich moved that SB 210 be placed to follow SB 175 on today's calendar.
Which motion prevailed and the bill was so placed.
Yesterday, Sen. Bogue announced his intention to reconsider the vote by which SB 211
lost.
Sen. Bogue moved that the Senate do now reconsider the vote by which SB 211 lost.
The question being on Sen. Bogue's motion to reconsider the vote by which SB 211 lost.
And the roll being called:
Yeas 17, Nays 16, Excused 2, Absent 0
Yeas:
Nays:
Excused:
The question being on Sen. Diedrich's motion to reconsider the vote by which SB 210 lost.
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer);
Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Koskan; Madden; McCracken; McIntyre;
Munson; Olson (Ed); Reedy; Vitter; Whiting
Bogue; Dennert; Hutmacher; Kleven; Koetzle; Moore; Putnam; Staggers; Sutton (Dan);
Symens; Volesky
Apa; Hagen
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Hainje;
Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Vitter; Whiting
Apa; Dennert; Diedrich (Larry); Duxbury; Everist; Greenfield; Hutmacher; Kleven; Koetzle;
McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky
Hagen; Putnam
So the motion not having received an affirmative vote of a majority of the members-elect,
the President declared the motion lost.
Sen. Everist moved that the reports of the Standing Committees on
Judiciary on SB 228 as found on page 462 of the Senate Journal
; also
Judiciary on HB 1092 as found on page 463 of the Senate Journal
; also
Judiciary on HB 1110 as found on page 464 of the Senate Journal
; also
Judiciary on HB 1154 as found on page 465 of the Senate Journal
; also
Local Government on SB 159 as found on page 448 of the Senate Journal be adopted.
Which motion prevailed and the reports were adopted.
Sen. Moore requested that SB 219 be removed from the Consent Calendar.
HB 1085:
FOR AN ACT ENTITLED, An Act to
define whether an operator is subject to
pay the cost of certain notifications from the one-call notification system.
Was read the second time.
The question being "Shall HB 1085 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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 1122:
FOR AN ACT ENTITLED, An Act to
modify the time required for a temporary
custody hearing to be held in certain juvenile legal proceedings.
Was read the second time.
The question being "Shall HB 1122 pass as amended?"
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry);
Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven;
Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton
(Dan); Symens; Vitter; Volesky; Whiting
Hagen; Koetzle; Putnam
And the roll being called:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry);
Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven;
Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton
(Dan); Symens; Vitter; Volesky; Whiting
Hagen; Koetzle; Putnam
SB 175:
FOR AN ACT ENTITLED, An Act to
exempt from sales tax certain contract
services provided to agricultural producers by an agent of a parent company through a local
contracting entity and certain employee services provided by an agricultural cooperative.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. de Hueck's pending motion that SB 175 be further
amended as found on page 441 of the Senate Journal.
Which motion prevailed.
The question being "Shall SB 175 pass as amended?"
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
SB 210:
FOR AN ACT ENTITLED, An Act to
establish a refundable checkoff program
for swine.
Having had its second reading was up for reconsideration and final passage.
And the roll being called:
Yeas 25, Nays 8, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
SB 187:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
comparative negligence.
Having had its second reading was up for consideration and final passage.
Sen. Bogue moved that SB 187 be placed to follow SB 214 on today's calendar.
Which motion prevailed and the bill was so placed.
SB 146:
FOR AN ACT ENTITLED, An Act to
require that certain findings and
recommendations of the state fire marshal be included in a school board's minutes and to require
certain inspections.
Having had its second reading was up for consideration and final passage.
Sen. Brosz moved that SB 146 be deferred to Wednesday, February 14, the 26th legislative
day.
Which motion prevailed and the bill was so deferred.
Apa; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake;
Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre;
Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky
Albers; Bogue; Brosz; de Hueck; Everist; Hainje; Madden; Whiting
Hagen; Putnam
The question being "Shall SB 210 pass as amended?"
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer);
Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Koskan; Madden; McCracken; McIntyre;
Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter; Whiting
Bogue; Dennert; Hutmacher; Kleven; Koetzle; Staggers; Symens; Volesky
Hagen; Putnam
The question being "Shall SB 168 pass as amended?"
And the roll being called:
Yeas 29, Nays 3, Excused 3, Absent 0
Yeas:
Nays:
Excused:
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.
SB 202:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
visitation rights for grandparents.
Was read the second time.
The question being "Shall SB 202 pass as amended?"
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Nays:
Excused:
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.
SB 204:
FOR AN ACT ENTITLED, An Act to
permit tribal identification cards in lieu of
other identification when applying for a driver's license.
Was read the second time.
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry);
Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven;
Madden; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter;
Volesky; Whiting
Koetzle; Koskan; Moore
Hagen; McCracken; Symens
Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer);
Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden;
McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens;
Vitter; Volesky; Whiting
Bogue; Koskan; Staggers
de Hueck; Hagen
"Section 2. That
§
4-3-5
be amended to read as follows:
4-3-5.
Every such
Any
officer or employee
pursuant to
§
4-3-3
shall designate in writing,
to be filed in
his
that
office,
the
bank
or banks
in which
he shall have
the officer or employee
has
deposited the current receipts of
his
that
office
or department and any
. Any
account
showing any such deposit
shall be
is
an official account and shall be accessible to the inspection
of the auditor-general
or state treasurer
at any time during banking hours.
"
The question being "Shall SB 214 pass as amended?"
And the roll being called:
Yeas 27, Nays 6, Excused 2, Absent 0
Yeas:
Nays:
Excused:
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.
SB 187:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
comparative negligence.
Having had its second reading was up for consideration and final passage.
Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Drake;
Duxbury; Everist; Greenfield; Hainje; Ham; Kleven; Koetzle; Koskan; Madden; McCracken;
McIntyre; Olson (Ed); Putnam; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Albers; Hutmacher; Moore; Munson; Reedy; Staggers
Diedtrich (Elmer); Hagen
"Section 2. Rural electric cooperatives developing commercial small power production
facilities utilizing renewable energy are not subject to tax pursuant to
§
10-35-1.2 but are subject
to a gross receipts tax as defined in
§
10-36-6."
Also MADAM PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
SB 225 and returns the same with the recommendation that said bill be amended as follows:
Also MADAM PRESIDENT:
The Committee on Commerce respectfully reports that it has had under consideration
and
235 which were deferred to the 41st Legislative Day.
HB 1180:
FOR AN ACT ENTITLED, An Act to
allow for the sale of surplus property to
tribal subdivisions.
Was read the first time and referred to the Committee on State Affairs.
HB 1201:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
trespass by buffalo and to specify the characteristics of legal fences for buffalo.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1202:
FOR AN ACT ENTITLED, An Act to
provide for the recovery of reasonable
attorney's fees and costs in actions for deceit.
Was read the first time and referred to the Committee on Judiciary.
HB 1275:
FOR AN ACT ENTITLED, An Act to
revise the definition of custodian as it
relates to child abuse or neglect.
Was read the first time and referred to the Committee on Judiciary.
HB 1032:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to child
support.
Having had its second reading was up for consideration and final passage.
Sen. Daugaard moved that HB 1032 be deferred to Thursday, February 15, the 27th
legislative day.
Which motion prevailed.
HB 1002:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
waiver of a patient's privilege on communications with a physician or psychotherapist.
Was read the second time.
The question being "Shall HB 1002 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 1025 pass as amended?"
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Excused:
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 1091:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
jurisdiction for certain offenses involving intoxicating substances.
Was read the second time.
The question being "Shall HB 1091 pass as amended?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Excused:
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.
Albers; Apa; Bogue; Brosz; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich
(Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle;
Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy;
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Daugaard; Hagen
HB 1025:
FOR AN ACT ENTITLED, An Act to
repeal and revise certain mental health
provisions pertaining to the state interagency coordinating network council and the local
interagency teams.
Albers; Apa; Bogue; Brosz; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich
(Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle;
Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy;
Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Daugaard; Hagen
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry);
Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven;
Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam;
Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting
Hagen
HB 1109:
FOR AN ACT ENTITLED, An Act to
permit the detention in an adult jail of
certain juveniles convicted as adults.