Senate Journal 01/30/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 30, 2006

The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate page Jesse Liebe.

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 thirteenth day and finds the following correction shall be made:

On page 231 of the Senate Journal, following line 13, insert:

" WHEREAS, January is National Mentoring Month which is a project organized by the Harvard Mentoring Project and MENTOR/National Mentoring Partnership that began in January 2002; and

WHEREAS, the 2006 National Mentoring Month initiative is led in collaboration with Big Brothers Big Sisters of America and in South Dakota with the Alliance for Boys and Girls Clubs; and

WHEREAS, National Mentoring Month attempts to raise awareness of mentoring in its various forms, recruit individuals to be mentors, and promote the rapid growth of mentoring by recruiting organizations to engage their constituents in mentoring; and

WHEREAS, President Bush issued a proclamation designating January 2006 as National Mentoring Month, stating, "Mentors help children resist peer pressure, achieve results in school, stay off drugs, and make the right choices. Many people become mentors because of the impact of a mentor in their own lives, creating a chain of compassion over the course of generations."; and

WHEREAS, large numbers of our nation's youth face difficult circumstances: one in four lives in a single-parent home, one in ten is born to teen-aged parents, one in five lives in poverty, and one in ten will not finish high school; and

WHEREAS, mentoring has been shown to combat these problems by matching a caring, responsible adult with a child to provide guidance, stability, confidence, and direction for the child, which can result in improved school attendance and graduation rates and decreasing involvement with substance abuse and violent behavior; and

WHEREAS, it is estimated that seventeen million six hundred thousand young people in the United States are in need of mentoring, while a National Mentoring Poll indicates that fifty- seven million American adults would consider mentoring young people, which identifies the need to find methods of matching available mentoring resources with those who would benefit from a mentoring program; and

WHEREAS, an expanded mentoring program in South Dakota would be a valuable resource for many of our state's young people and would benefit all of our communities. The former President Clinton urged Boomers to "Share what you know. Become a mentor."; and

WHEREAS, mentoring in South Dakota would be enhanced through the formation of a State Mentoring Partnership for South Dakota and affiliation with the National Mentoring Partnership:

BE IT FURTHER RESOLVED, by the Senate of the Eighty-First Legislature of the State of South Dakota, the House of Representative concurring therein, that the South Dakota Legislature supports and encourages the establishment and enhancement of mentoring programs for the young people of this state; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature supports the formation of a State Mentoring Partnership and an affiliation with the National Mentoring Partnership."

On page 231 of the Senate Journal, following line 21, insert:

" WHEREAS, more than sixty-two thousand South Dakotans are American Indians; and

WHEREAS, the Indian Health Service is the primary provider of dental health care to American Indians who live in South Dakota; and

WHEREAS, the Indian Health Service is required to provide dental services to the entire American Indian population, but does so for only about twenty-four percent of that population; and

WHEREAS, Indian Health Service clinics labor under a forty percent vacancy rate for dentists in South Dakota, which causes a significant impediment to providing needed dental care; and

WHEREAS, preventing and treating dental disease results in health care savings, improved health status for diabetics, fewer missed class hours for school children, and fewer missed work hours for adults; and

WHEREAS, a shortage of adequate loan repayment funding has contributed to the inability of the Indian Health Service to attract and retain dentists at their clinics in South Dakota; and

WHEREAS, the Indian Health Service needs an additional six million dollars for loan repayment to fill all dental vacancies:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports a request of six million dollars for loan repayment to fill dental vacancies in the Indian Health Service nation-wide, and encourages Senators Tim Johnson and John Thune, and Representative Stephanie Herseth to support this request for the Indian Health Service in the FY 2007 Budget and Interior Appropriations bills."

All other errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Lee Schoenbeck, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 174 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, after line 4 of the printed bill, insert:

"Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

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On page 1, line 2 of the printed bill, delete " and " and insert ",".

On page 1 , line 2, after " thereof " insert ", and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 159 and returns the same with the recommendation that said bill be amended as follows:

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On page 1 of the printed bill, remove the overstrikes from line 6 .

On page 1 , remove the overstrikes from line 7 .

On page 1 , remove the overstrikes from line 8 .

On page 1 , line 8, delete " the " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill be amended as follows:

1065rb

On page 2, line 2 of the House Judiciary Committee engrossed bill, after " board " insert " , serving without compensation, other than reimbursement for actual expenses, ".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Jerome K. Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Thomas Cihak of Yankton County, Yankton, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 207 and 208 and HB 1095 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1063 and 1094 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

1074ra

On page 1, line 5 of the printed bill, delete " domestic " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 138 and 139 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Gordon Garnos of Codington County, Watertown, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Judy Greff of Beadle County, Huron, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 145 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 175 and 185 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of David Volk of Sioux Falls, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Arlene Ham-Burr of Rapid City, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Vivian Asmussen of Pierre, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Thomas A. Dempster, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1035, 1078, 1082, 1086, 1091, 1097, and 1111 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 3: A CONCURRENT RESOLUTION, Supporting youth mentoring programs for South Dakota.

Was read the second time.

Sen. Smidt moved that SCR 3 as found as a front page correction in the Senate Journal of Monday, January 30, the 14^th legislative day be adopted.

The question being on Sen. Smidt's motion that SCR 3 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Hansen (Tom)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

SCR 4: A CONCURRENT RESOLUTION, Requesting the South Dakota Congressional Delegation and the United States Congress to address significant deficiencies in the dental health care provided to American Indians.

Was read the second time.

Sen. Bogue moved that SCR 4 as found as a front page correction in the Senate Journal of Monday, January 30, the 14^th legislative day be adopted.

The question being on Sen. Bogue's motion that SCR 4 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the reports of the Standing Committees on

Appropriations on SB 2 as found on page 240 of the Senate Journal ; also

Appropriations on SB 20 as found on page 240 of the Senate Journal ; also

Appropriations on SB 21 as found on page 241 of the Senate Journal ; also

Appropriations on SB 23 as found on page 241 of the Senate Journal ; also

Taxation on SB 50 as found on page 223 of the Senate Journal ; also

Appropriations on SB 88 as found on page 241 of the Senate Journal ; also

State Affairs on HJR 1003 as found on page 229 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1035: FOR AN ACT ENTITLED, An Act to revise the renewal fee paid by medical assistants.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bonding of township clerks and treasurers.

Was read the first time and referred to the Committee on Local Government.

HB 1082: FOR AN ACT ENTITLED, An Act to provide for uniform jurisdiction in the regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1086: FOR AN ACT ENTITLED, An Act to restrict the rights of certain sex offenders related to adoption or visitation of children.

Was read the first time and referred to the Committee on Judiciary.

HB 1091: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

Was read the first time and referred to the Committee on State Affairs.

HB 1097: FOR AN ACT ENTITLED, An Act to permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

Was read the first time and referred to the Committee on Taxation.

HB 1111: FOR AN ACT ENTITLED, An Act to require certain third party administrators to provide reports of claims experience upon request.

Was read the first time and referred to the Committee on Commerce.

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed SB 154 from the Consent Calendar.

SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to charges associated with installment sales contracts.

Was read the second time.

The question being "Shall SB 133 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1008: FOR AN ACT ENTITLED, An Act to permit the immediate reclassification of nonagricultural acreage property under certain circumstances.

Was read the second time.

The question being "Shall HB 1008 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions relating to South Dakota Retirement System disability benefits.

Was read the second time.

The question being "Shall SB 10 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 42: FOR AN ACT ENTITLED, An Act to update and revise certain provisions pertaining to saddlemount motor vehicle combinations.

Was read the second time.

42ob

Sen. Kelly moved that SB 42 be further amended as follows:

On page 2, line 3 of the Senate Transportation Committee engrossed bill, delete " compiles " and insert "complies".

Which motion prevailed.

The question being "Shall SB 42 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek; Moore

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 54: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

Having had its second reading was up for consideration and final passage.

The question being "Shall SB 54 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 92: FOR AN ACT ENTITLED, An Act to revise the formula for determining the amount of the sales, use, and contractors' excise tax refund provided to certain new business facilities.

Was read the second time.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 108: FOR AN ACT ENTITLED, An Act to revise certain provisions defining employer contributions that are not deemed to be wages.

Was read the second time.

The question being "Shall SB 108 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 122: FOR AN ACT ENTITLED, An Act to exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.

Was read the second time.

122ta

Sen. Kloucek moved that SB 122 be amended as follows:

On page 1, line 7 of the printed bill, after " facilities " insert "if the land, animals, or facilities are".

On page 1 , line 7, delete " producing " and insert "conducting scientific or medical research related to the development or production of".

Which motion lost.

The question being "Shall SB 122 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Hundstad; Kloucek

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 127: FOR AN ACT ENTITLED, An Act to revise the notice of sale of real property for taxes.

Was read the second time.

The question being "Shall SB 127 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Apa; Bartling; Earley

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 148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

Was read the second time.

148fa

Sen. Abdallah moved that SB 148 be further amended as follows:

On page 3, line 19 of the Senate Judiciary Committee engrossed bill, after " 1995, " insert " or whose probation required under § 26-8C-4 is successfully completed, ".

On page 3 , line 19, after " discharge " insert " or release from probation ".

Which motion prevailed.

The question being "Shall SB 148 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 149: FOR AN ACT ENTITLED, An Act to create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, to provide penalties for violations thereof, and to declare an emergency.

Was read the second time.

The question being "Shall SB 149 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the bill having received an affirmative vote of a two-thirds of the members-elect, the President declared the bill passed and the title was agreed to.

SB 155: FOR AN ACT ENTITLED, An Act to permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

Was read the second time.

The question being "Shall SB 155 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek

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.

Sen. Bogue moved that SB 30 be deferred to Friday, January 3, the 18^th legislative day.

Which motion prevailed.

SB 72: FOR AN ACT ENTITLED, An Act to authorize veterinary livestock assistants to perform equine dentistry in certain circumstances.

Was read the second time.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Duenwald; Duniphan; Knudson; Koskan; McNenny; Olson (Ed); Two Bulls

Nays:
Abdallah; Apa; Bartling; Broderick; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Lintz; McCracken; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Kelly

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

SB 78: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

Was read the second time.

78ra

Sen. Moore moved that SB 78 be amended as follows:

On page 2 of the printed bill, delete lines 18 to 21 , inclusive, and insert "explanation shall be a clear and simple summary of the issue and may".

78oa

Sen. McNenny moved as a substitute motion that SB 78 be amended as follows:

On page 2, line 18 of the printed bill, delete " may " and insert " shall ".

Which motion prevailed.

78xa

Sen. Schoenbeck moved that SB 78 be further amended as follows:

On page 2, line 19 of the printed bill, delete " and practical effect " .

Which motion prevailed.

78fa

Sen. Gant moved that SB 78 be further amended as follows:

On page 2, line 22 of the printed bill, delete " ~~two~~ three " and insert "two".

Which motion prevailed.

The question being "Shall SB 78 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Hundstad; Napoli; Two Bulls

Excused:
Kooistra

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 89: FOR AN ACT ENTITLED, An Act to require the Division of Insurance to study the offering of assisted living facility benefits to certain persons with long-term care insurance.

Was read the second time.

The question being "Shall SB 89 pass as amended?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duenwald; Duniphan; Gray; Hansen (Tom); Kelly; Kloucek; Knudson; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Earley; Gant; Greenfield; Hanson (Gary); Hundstad; Koetzle; Koskan; Napoli; Sutton (Duane)

Excused:
Kooistra

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 128: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to negotiate contracts under certain circumstances.

Was read the second time.

Sen. Abdallah moved that SB 128 be laid on the table.

The question being on Sen. Abdallah's motion that SB 128 be laid on the table.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kooistra

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

SB 179: FOR AN ACT ENTITLED, An Act to direct the Bureau of Administration to provide all of the fourth floor of the State Capitol Building for use by the Legislature.

Was read the second time.

The question being "Shall SB 179 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kooistra

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1002, 1003, 1033, 1048, 1050, 1051, and 1053 and HJR 1001 and 1002 be deferred to Tuesday, January 31, the 15^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning election procedures.

And signed the same in the presence of the Senate.

Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 4:30 p.m. the Senate adjourned.

Patricia Adam, Secretary