Senate Journal 2/22/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 22, 2011

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

The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of Allegiance led by Senate pages Matilyn Kerr and Max Kennedy.

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 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.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

The oath of office was administered by the President to the following named persons:

Pages _ Kara Fischbach, Peyton Healy, Sophie Iversen, Max Kennedy, Matilyn Kerr, Victoria Kinkler, Regan Olson, Sadie Stevens, Jesse Todd

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 190 and returns the same with the recommendation that said bill be amended as follows:

190oa

On page 2, between lines 8 and 9 of the printed bill, insert:

"Section 4. That section 5 of chapter 25 of the 2010 Session Laws be amended to read as follows:

DEPARTMENT OF TOURISM AND STATE DEVELOPMENT

(1) Economic Development

Operating Expenses, Other Funds, delete "$11,158,712" and insert "$18,352,382"

Adjust all totals accordingly."

190aa

On page 4, between lines 18 and 19 of the printed bill, insert:

"Section 13. That section 13 of chapter 25 of the 2010 Session Laws be amended to read as follows:

BOARD OF REGENTS

(1) Regents Central Office

Operating Expenses, Other Funds, delete "$28,814,307" and insert "$32,401,859"

Adjust all totals accordingly."

On page 5, between lines 16 and 17, insert:

Personal Services, Federal Funds, delete "$5,406,483" and insert "$8,556,483"

Personal Services, Other Funds, delete "$9,566,241" and insert "$12,566,241"

On page 5, between lines 17 and 18, insert:

Operating Expenses, Federal Funds, delete "$13,869,139" and insert "$22,719,139"

Operating Expenses, Other Funds, delete "$14,426,876" and insert "$20,926,876"

FTE, delete "318.8" and insert "333.8"

On page 6, between lines 10 and 11, insert:

Personal Services, Federal Funds, delete "$1,273,661" and insert "$1,723,661"

Personal Services, Other Funds, delete "$9,323,565" and insert "$10,373,565""

On page 6, between lines 11 and 12, insert:

        Operating Expenses, Other Funds, delete "$8,554,279" and insert "$10,054,279"

        FTE, delete "249.8" and insert "259.8"

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 191 and returns the same with the recommendation that said bill be amended as follows:

191ma

On page 1, line 4 of the printed bill, delete everything after "Section 1." and insert "That § 28-1-70 be amended to read as follows:"

On page 1 remove the overstrikes from lines 5 to 8, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

133ca

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 13-13-74 be amended to read as follows:

13-13-74. Except as provided in § 13-13-39, payment from funds provided in aid of the public schools in any school fiscal year shall be made in ~~twelve~~ monthly installments on ~~or about~~ the ~~thirtieth~~ first of each month, or the first working day thereafter. For the period July first to December thirty-first, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period July first to December thirty-first, inclusive. For the period January first to June thirtieth, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period January first to June thirtieth, inclusive.

Section 2. Notwithstanding the provisions of § 13-13-74, payment from funds appropriated for state aid to general education pursuant to chapter 13-13 for the period of July 1, 2011 to December 31, 2011, inclusive, shall be made in five monthly installments beginning on August 1, 2011. The total of the five payments shall be calculated by the secretary of education to account for the change in the monthly payment date pursuant to section 1 of this Act.

Section 3. The amount of money appropriated for state aid to general education for school fiscal year 2012 that, as a result of the change in the monthly payment date pursuant to section 1 of this Act, is in excess of the amount of money necessary to meet the entitlement provided for in chapter 13-13, and to meet any shortfall pursuant to subdivision 13-13-73(4) is not subject to reversion pursuant to § 4-8-19. Instead, the excess money shall be distributed in school fiscal year 2012 to all school districts receiving state aid pursuant to chapter 13-13 on a pro rata basis according to each eligible school district's fall enrollment compared to the total fall enrollment of all eligible school districts.

Section 4. The provisions of this Act are effective on July 2, 2011."

133cta

On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "change the day of the month on which state aid to general education payments are made to school

districts, and to provide for the redistribution of certain funds appropriated for state aid to education."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

149jd

On page 4, line 21, of the printed bill, delete "free of charge, except for".

On page 4, line 22, delete "reimbursement of expenses,".

On page 4, line 22, delete "a sports team that is" and insert "any youth athletic activity sponsored by a city, business, or nonprofit organization".

On page 4, line 23, delete everything before "is".

On page 5, line 8, before "." insert ", or any youth athletic activity sponsored by a city, business, or nonprofit organization".

149ca

On page 3 of the printed bill, delete lines 8 to 24, inclusive, and insert:

"Section 5. For the purposes of this Act, a licensed health care provider is a person who is:

(1) Registered, certified, licensed, or otherwise recognized in law by the State of South Dakota to provide medical treatment; and

(2) Trained and experienced in the evaluation, management, and care of concussions."

Delete pages 4 and 5, inclusive

And that as so amended said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 164, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

164ta

On page 1 of the printed bill, delete line 6, and insert "enforcement of traffic regulations as municipal ordinance violations on any portion of the state highway trunk system".

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 178 and returns the same with the recommendation that said bill be amended as follows:

178ra

On page 1, line 7, of the printed bill, delete "equally".

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 163 and 179 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Walter Bones of Turner County, Chancellor, South Dakota, to the position of Secretary of the Department of Agriculture 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1098 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 134, 135, and 174 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Pamela Roberts of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor 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 Commerce and Energy respectfully reports that it has had under consideration SB 180 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 45, 70, and 110 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 21, 47, and 49 were delivered to his Excellency, the Governor, for his approval at 10:12 a.m., February 22, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 45, 70, and 110 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1215, 1230, and 1248 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1007 and 1008 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

Was read the first time, the President waived the referral to committee, and placed HCR 1007 on the calendar of Wednesday, February 23, the 26^th legislative day.

HCR 1008: A CONCURRENT RESOLUTION, Expressing opposition to the U.S. Army Corps of Engineers' proposal to levy fees for the storage of water in the Missouri River reservoirs.

Was read the first time, the President waived the referral to committee, and placed HCR 1008 on the calendar of Wednesday, February 23, the 26^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 141 as found on page 464 of the Senate Journal; also

Judiciary on SB 156 as found on page 464 of the Senate Journal; also

Commerce and Energy on SB 161 as found on page 463 of the Senate Journal; also

Judiciary on SB 172 as found on page 465 of the Senate Journal; also

Education on HB 1175 as found on page 461 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Lynnette B. Gordon of Lawrence County, Deadwood, South Dakota, to the Crime Victims' Compensation Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Lynnette B. Gordon pursuant to the executive message as found on page 324 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Adelstein

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Richard Gowen of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Richard Gowen pursuant to the executive message as found on page 269 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Donald Kirkegaard of Marshall County, Britton, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Donald Kirkegaard pursuant to the executive message as found on page 269 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the distribution of such motor fuel tax.

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

HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development fund, to provide for its administration, and to make an appropriation therefor.

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

HB 1248: FOR AN ACT ENTITLED, An Act to repeal the sunset of the one-half percent increase in the gross receipts tax imposed on visitor-related businesses.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation Advisory Council.

Was read the second time.

The question being "Shall SB 202 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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

Sen. Olson moved that SB 126 and 152 be deferred to Wednesday, February 23, the 26^th legislative day.

Which motion prevailed.

SB 77: FOR AN ACT ENTITLED, An Act to require school boards to approve pick-up locations for any open enrolled students who are transported in their resident school districts by receiving school districts.

Was read the second time.

77fb

Sen. Maher moved that SB 77 be further amended as follows:

On page 2, after line 4 of the Senate Education Committee engrossed bill, insert "The provisions of this section regarding the transportation of students by a school district do not apply to any school district defined as a sparse school district pursuant to § 13-13-78."

77cg

Sen. Johnston moved as a substitute motion that SB 77 be further amended as follows:

On page 1, line 12, of the Senate Education Committee engrossed bill, delete "within".

On page 1, line 13, delete "any incorporated municipality".

Sen. Johnston requested that amendment 77cg be withdrawn.

Which motion was unanimously supported.

Sen. Maher's motion to further amend SB 74 prevailed.

77xa

Sen. Johnston moved that SB 77 be further amended as follows:

On page 1, line 12, of the Senate Education Committee engrossed bill, delete "within".

On page 1, line 13, delete "any incorporated municipality within the state of South Dakota".

Which motion lost.

Sen. Olson moved the previous question.

Which motion prevailed.

The question being "Shall SB 77 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Adelstein; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Kraus; Krebs; Maher; Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Begalka; Bradford; Garnos; Gray; Heineman; Hundstad; Johnston; Lederman; Nelson (Tom); Novstrup (Al); Rhoden; Vehle

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 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate maintenance action be restrained from making changes to insurance coverage.

Was read the second time.

The question being "Shall SB 114 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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 136: FOR AN ACT ENTITLED, An Act to enhance certain provider services.

Was read the second time.

The question being "Shall SB 136 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 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof.

Was read the second time.

The question being "Shall SB 176 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 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy inspection fund.

Was read the second time.

The question being "Shall SB 187 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Frerichs

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 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility of National Guard members for certain graduate tuition reductions.

Was read the second time.

188oa

Sen. Brown moved that SB 188 be amended as follows:

On page 1, line 8, of the printed bill, overstrike "enrolled in" and insert "accepted into".

On page 1, line 8, delete "July" and insert "September".

On page 2, line 1, overstrike "enrolled" and insert "accepted".

On page 2, line 1, delete "July" and insert "September".

Which motion prevailed.

The question being "Shall SB 188 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle

Nays:
Buhl; Frerichs; Nygaard; Sutton

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. Olson moved that the Senate do now recess until 4:10 p.m., which motion prevailed and at 3:32 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:10 p.m., the President presiding.

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

MESSAGE 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 1034 and has appointed Reps. Solum, Willadsen, 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.

Respectfully,
Karen Gerdes, Chief Clerk

The President announced Sens. Nelson, Peters, and Buhl 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 1034.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 87: FOR AN ACT ENTITLED, An Act to prohibit local exchange carriers from assessing certain access stimulation charges and to establish certain penalties.

Was read the second time.

The question being "Shall SB 87 pass?"

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Buhl; Gray; Haverly; Heineman; Hunhoff (Jean); Krebs; Nelson (Tom); Nygaard; Peters; Schlekeway; Tieszen

Nays:
Bradford; Brown; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Holien; Hundstad; Johnston; Kraus; Lederman; Maher; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Sutton; Tidemann; Vehle

Excused:
Novstrup (Al)

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

SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of distilled spirits in public and to provide certain penalties for consumption of alcoholic beverages.

Was read the second time.

The question being "Shall SB 48 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Novstrup (Al)

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 124: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

The question being "Shall SB 124 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Gray; Maher; Vehle

Excused:
Novstrup (Al)

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 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities to ensure access to health care within a reasonable distance.

Was read the second time.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Brown; Peters

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 143: FOR AN ACT ENTITLED, An Act to allow artisan distillers and farm wineries to sell certain distilled spirits to wholesalers and retailers.

Was read the second time.

143fg

Sen. Nygaard moved that SB 143 be amended as follows:

On page 1, line 8, of the printed bill, after "(18)." Insert "Sales of distilled spirits made by an artisan distiller to retailers are limited to a period not to exceed sixty months. The sixty month period starts on the first day of the month in which the first sale of a distillery product is made to a retailer."

On page 1, line 12, after "(18)." Insert "Sales of distilled spirits made by a farm winery to retailers are limited to a period not to exceed sixty months. The sixty month period starts on the first day of the month in which the first sale of a distillery product is made to a retailer."

Which motion prevailed.

The question being "Shall SB 143 pass as amended?"

And the roll being called:

Yeas 7, Nays 28, Excused 0, Absent 0

Yeas:
Adelstein; Gray; Haverly; Kraus; Nygaard; Rampelberg; Tieszen

Nays:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that HB 1002, 1044, 1045, 1070, 1118, and 1133 be deferred to Wednesday, February 23, the 26^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 45: FOR AN ACT ENTITLED, An Act to repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.

SB 70: FOR AN ACT ENTITLED, An Act to prohibit the creation of private transfer fee obligations and to require certain procedures for notice and disclosure for existing private transfer fee obligations.

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

HB 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

And signed the same in the presence of the Senate.

Sen. Putnam moved that the Senate do now adjourn, which motion prevailed and at 4:43 p.m. the Senate adjourned.

Trudy Evenstad, Secretary